Date: 08-11-2007

Case Style: Estate of Craig Pozzi and Angela Pozzi v. Kaiser Permanente

Case Number: 04-2-06300-4

Judge: Barbara D. Johnson

Court: Superior Court, Clark County, Washington

Plaintiff's Attorney:

Paul Henderson, Law offices of Paul L. Henderson, Vancouver, Washington and Connie W. Taylor of Clark and Feeney, Lewiston, Idaho

Defendant's Attorney:

John Hart and Michael Wiswall of Hoffman, Hart and Wagner, Portland, Oregon

Description:

Craig Pozzi, a noted photographer and college professor, was experiencing mild seizures in 1994. At one point, he told his doctor at Kaiser that he was experiencing seizures. His doctors misdiagnosed him with panic attacks and treated him with Paxil and recommendations that he attend group therapy. This went on for 7 ½ years while a slow-growing brain tumor in his head (an oligodendroglioma) continued to grow. Seizures were never considered as part of the differential diagnosis despite Pozzi's unusual and atypical presentation for panic attacks. A referral to a neurologist and an MRI were not performed until the tumor grew to the size of a racquet ball and began to hemorrhage into itself and his brain, causing intense intracranial pressure. A partial resection of the tumor was performed but less than half of it could be removed as it had grown into both hemispheres of the brain and across the corpus callosum. After surgery and radiation, Mr. Pozzi returned to some work. Almost two years later, he suffered a massive hemorrhagic stroke in his brain. He lived for another year but was severely disabled. The defense contended that the stroke was unrelated to the tumor. The plaintiffs contended that it was related but, regardless, the long neglected brain tumor was what caused his death. The autopsy and death certificate both named the tumor as the cause of death. The defendant produced expert testimony that the autopsy was wrong and that autopsies are notoriously unreliable for determining the actual cause of death. Plaintiffs contended that Pozzi could have lived out at least an extended if not normal life expectancy had the tumor been detected in 1994 when a gross total resection was possible. Defendants contended that the tumor would have caused his death within ten years anyway, that the stroke was the actual cause of death, and his life was better because the tumor was not detected as it saved him from early invasive treatment that would have made no difference in the outcome.

Damages were based upon 7 ½ years of believing that he had a mental problem while the tumor grew. Craig Pozzi researched panic attacks and mistakenly considered himself fortunate that his symptoms were not as bad as most. He had behavioral issues such as anger outbursts as well that were attributable to the tumor but the family wasn't aware of this and so they looked for other reasons why his behavior would be so out of character. He later suffered a hemorrhage in his brain caused by weakening of the vascular system from intracranial pressure. Eventually he died.

Past medical was $34,000. No recovery was sought for medical expenses covered by insurance. Past wage loss was $41,000 for Craig Pozzi and $91,000 for Angela Pozzi. Future wage loss for Craig Pozzi was $400,000.

Outcome: Plaintiff's verdict for $4,511,000.00

Plaintiff's Experts: Malin Dollinger, MD, oncologist, Los Angeles, CA. John Gibson, MD, neurosurgeon, Seattle WA; Gordon Fall, MD, family practice, Seattle, WA; G. Christian Harris, MD, psychiatrist, Seattle, WA; Lowell Bassett, Ph.d, economist, Vancouver, WA Plaintiffs also called three treating Kaiser doctors, all family practitioners, as part of their case in chief – Kelly Rutherford, MD, Vancouver, WA, Lynne Heidsiek, MD, Vancouver, WA, Margaret Vandenbark, MD, Beaverton, OR.

Defendant's Experts: John Coombs, MD, family practice, Seattle, WA; Marc Mayberg, MD, neurosurgeon,_Seattle, WA; Michael Resnick, MD, psychiatrist, Portland, OR; Leslie McAllister, MD, neuro-oncologist, Portland, OR, Jeffrey Fullman, MD, family practitioner, Tualatin, OR; Sakir Gultekin, MD, neuropathologist, Portland, OR, Richard Ellerby, MD, oncologist, Coos Bay, OR; Michael Veverka, MD, radiologist, Portland, OR; David Knowles, Ph.D., economist, Seattle, WA.

Comments: Reported by Paul L. Henderson