Case Name: John Doe, Mary Doe and Children v. John Doe Physicians
Verdict: Settled by Confidentiality Agreement for $1.25 million
Attorney for Plaintiffs:
Steven O. Teal, Teal Montgomery & Henderson, Santa Rosa, CA
Attorney for Defendants:
Action was brought on behalf of a 49-year-old man employed full-time as a firefighter for the City of South San Francisco. Claims were also brought on behalf of plaintiff’s wife of 20 years on her loss of consortium claim.
Plaintiffs claimed that defendant physicians failed to properly follow and treat plaintiff for potential prostate cancer after a high PSA level and abnormal digital rectal exam were indicators that plaintiff firefighter was at high risk for prostate cancer.
Plaintiff lost an approximate four-year opportunity for earlier diagnosis and treatment for his prostate cancer. He ultimately was diagnosed with non-operative, advanced prostate cancer with Stage T3a, Gleason 4+.
Defendants contended there was no breach of the standard of care, in that plaintiff’s PSA level, although high, was still within normal limits, and that the digital rectal exam was normal.
Plaintiffs’ experts included:
- Stephen Reznicek, M.D., Urology, Cadillac, MI.
- Elliot D. Felman, M.D., Family Practice, Santa Monica, CA.
- Barry Ben-Zion, Ph.D., Economist, Santa Rosa, CA.
The parties reached a confidential settlement for $1.25 million present value prior to commencement of trial, with part of the settlement paid by structured annuity payments.