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Verdicts & Settlements: Medical Negligence

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Failure to timely refer patient to nephrologist

August 22, 2019

Doe was a patient of Roe family physician for four years. Routine lab results during this time showed an abnormally low eGFR rate and high creatinine and blood urea nitrogen levels. Doe was told to continue eating healthy and to remain on NSAIDs to control his gout-related pain. Doe later learned that he had close to stage V kidney disease. He required daily dialysis and has recently undergone a kidney transplant. Now 48, he expects to undergo additional transplants.

Doe sued Roe, alleging he failed to inform him of his abnormal lab results or timely refer him to a nephrologist. The plaintiff also asserted that Roe failed to prescribe ACE inhibitors to control his blood pressure or other medication for his uric acid levels. Suit claimed minimal lost income for Doe, a hedge fund manager earning $300,000 annually.

The defense argued that an earlier diagnosis would not have changed Doe’s outcome.

The parties settled for $750,000, including $50,000 to each of Doe’s two nonparty minor children as consideration for the waiver of any potential wrongful death case.

Citation: Doe v. Roe Family Physician, Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. Mar. 1, 2019).

Plaintiff counsel: AAJ member Jeffrey A. Milman and Benjamin Ikuta, both of Irvine, Calif.