Date: 07-15-1998

Case Style: Bobbette Sanderson v. Susan L. Mark, M.D. and Pacific Communities Hospital, a public body, Douglas J. Kimmel, M.D., Marcus P. Johnson, M.D.

Case Number: CA A94887

Judge: Charles P. Littlehales

Court: Circuit Court, Lincoln County, Oregon

Plaintiff's Attorney: Jeffrey B. Wihtol, Kathryn H. Clarke, and Maureen Leonard, Portland, Oregon

Defendant's Attorney: Janet M. Schroer, Marjorie A. Speirs of Hoffman, Hart & Wagner, Portland, Oregon

Description: Medical Malpractice - Plantiff appealled from an adverse judgement, following a jury trial, in a medical malpractice action that arised out of defendant's alleged misdiagnosis and related lairure to treat plantiff's breast cancer. In May 1992, plantiff, who was then 59 years old, first consulted defendant, a board certified internist practicing in Newport. Defendant noted that plantiff had "chronic eczematous changes of the left nipple with fibrocystic changes in both breasts." Defendant referred plantiff to Dr. Kimmel, a radiologist, for a mammogram. Kimmel identified "fibrous stroma" and "benign appearing stromal calcifications." Defendant then stated that the test results were okay. Plantiff returned to defendant on February 22, 1994 or an annual physical. Defendant noted that there was some "pronounced thickening and eczema in the area of the left nipple with some inverstion of the nipple." Defendant referred plantiff to Dr. Ryan, a general surgeon who performed a biopsy on March 1, 1994. Biopsy indicated "findings are characteristic of an invasive ductal carcinoma of the breast." On March 16, 1994, Ryan performed a mastectomey of plantiff's left breast. On May 24, 1994, plantiff began seeing Dr. Norek, an oncologist, for cancer treatment. After test revealed that the cancer had metastasized to other parts of plantiff's body, including her spine. In January 1995, plantiff filed a complaint agaisnt Kaiser Foundation Hosptial and defendant, alleging that, as a result of their negligence, diagnosis of plantiff's breast cancer was delayed past the time when she could be cured. The case was tried to a jury over ten days in July and August 1996.

Outcome: Jury verdict in favor of defendant.

Plaintiff's Experts: Dr. James Gallant

Defendant's Experts: Unknown

Comments: Affirmed by the Court of Appeals of Oregon. See: 962 P.2d 786 (Or.App. 1998) The date shown above is the date of the appellate court decision and not the trial date. Reported by kms, verdicts@morelaw.com