×
You have 2 more free articles available this month. Subscribe today.
$167,500 Awarded For Failure To Treat Fatal Colon Cancer in California Prisoner
In 1994, a California State prisoner had noticed some weight loss and lower
abdominal pain then later that year intermittent rectal bleeding. An
internist initially prescribed antibiotics and later a barium enema was
performed by a radiologist. The internist performed a colonoscopy, which
he interpreted as showing a mass in the cecum. The prisoner was sent in
for surgery where the surgeon found no mass in the cecum. No further
evaluations were done on the prisoner for 13 months for his intermittent
abdominal pain and rectal bleeding. In the summer of 1995, a blood test
revealed a severe iron deficiency anemia and a second colonoscopy revealed
colon cancer. Surgery in October 1995 revealed cancer spreading through
the wall of the colon and the liver. The prisoner was given a life
expectancy of 18 months and chemotherapy was started.
The prisoner claims that the initial barium enema did show cancer which was
discovered during surgery yet the surgeon failed to biopsy or remove it.
The prisoner also claims that the internist either missed the cancer or
became confused about what part of the bowel he was in during surgery since
the internist had never performed a colonoscopy on a human being with
supervision before performing them on prisoners.
The case was settled out of court on November 30, 1997, awarding the
prisoner $167,500. See: Confidential, USDC CD CA, Case No. S97 12 11.
abdominal pain then later that year intermittent rectal bleeding. An
internist initially prescribed antibiotics and later a barium enema was
performed by a radiologist. The internist performed a colonoscopy, which
he interpreted as showing a mass in the cecum. The prisoner was sent in
for surgery where the surgeon found no mass in the cecum. No further
evaluations were done on the prisoner for 13 months for his intermittent
abdominal pain and rectal bleeding. In the summer of 1995, a blood test
revealed a severe iron deficiency anemia and a second colonoscopy revealed
colon cancer. Surgery in October 1995 revealed cancer spreading through
the wall of the colon and the liver. The prisoner was given a life
expectancy of 18 months and chemotherapy was started.
The prisoner claims that the initial barium enema did show cancer which was
discovered during surgery yet the surgeon failed to biopsy or remove it.
The prisoner also claims that the internist either missed the cancer or
became confused about what part of the bowel he was in during surgery since
the internist had never performed a colonoscopy on a human being with
supervision before performing them on prisoners.
The case was settled out of court on November 30, 1997, awarding the
prisoner $167,500. See: Confidential, USDC CD CA, Case No. S97 12 11.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Confidential
| Year | 1997 |
|---|---|
| Cite | USDC CD CA, Case No. S97 12 11 |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 167500 |
| Injunction Status | N/A |