 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Christensen v. Philip Morris USA Inc.6/8/2005
ise the, bring up - - if they don't bring up cancer I bring up cancer because they're thinking about cancer, and I try to let them know until we actually have a definitive diagnosis you don't know what it is.
(Emphasis added).
Ms. Christensen testified about her discussions with her husband after he learned the results of the CAT scan in May 1998:
[QUESTION]: And what were you informed the results of the CAT scan showed?
[MS. CHRISTENSEN]: That there was something in his lung.
[QUESTION]: So this was related to you by Mr. Christensen?
[MS. CHRISTENSEN]: Yes.
[QUESTION]: And did he tell you what the, if there was a concern as to what it was that the CAT scan showed in his lung?
[MS. CHRISTENSEN]: Yes.
[QUESTION]: And what did he say?
[MS. CHRISTENSEN]: That it was cancer.
[QUESTION]: And that at that time when he got the results from the CAT scan, was it also the thought that this would be a cancer related to his cigarette smoking?
[MS. CHRISTENSEN]: At the time they said that it was cancer[,] I would not have at that moment said it was related to smoking.
[QUESTION]: Why not?
[MS. CHRISTENSEN]: Because the word cancer is just enough to throw you that you don't think about all the ramifications of that at that particular moment in time.
[QUESTION]: Did you discuss with Mr. Christensen when the CAT scan was performed, when the results came in, whether he believed at that time that the cancer was caused by the cigarette smoke?
[APPELLANT'S COUNSEL]: Objection. If you can answer it.
[MS. CHRISTENSEN]: Here again, I think the trauma of knowing that it was cancer, that neither one of us stood there and said that's because he had smoked.
[QUESTION]: At some point in time thereafter -
[MS. CHRISTENSEN]: Yes.
[QUESTION ]: - when you would -
[MS. CHRISTENSEN]: Very shortly after.
(Emphasis added).
Christensen was referred to Dr. George A. Bedon, a pulmonary specialist, for further evaluation. He met with Dr. Bedon on June 15, 1998. Dr. Bedon's "Initial Consultation Note," dated June 15, 1998, describes Christensen's "HISTORY OF PRESENT ILLNESS." Dr. Bedon also described his "IMPRESSION" of Christensen, noting that Christensen was to "undergo some sputum tests for cytology as well as acid fast bacilli and routine cultures." Regarding the mass revealed in the CAT scan, Dr. Bedon stated that Christensen would undergo a "needle biopsy" or "repeat the CAT scan in four to six months."
The following deposition testimony of Dr. Bedon is pertinent:
[QUESTION]: Okay. When you first met with Mr. Christensen, Dr. Bedon, did you discuss this CT with Mr. Christensen?
[DR. BEDON]: Yes.
[QUESTION]: What, if anything, did you tell him about it?
[DR. BEDON]: Basically what is described in my note. Here is a man that is an ex-smoker, he has positive PPD and he has new manifestations of the pulmonary symptoms - - cough and shortness of breath - - and the basic thing is - - and he was telling me also that, you know, these shadows, et cetera, they were there before. And so was all this again, is this TB or is this a cancer, and we need to, you know, find out what this all about.
We discussed, you know, all the - - so he knew about it, you know, that. The CAT scan, incidentally, was there during the visit. I usually when I see the patient I see them with the CAT scan there, and I usually go over with the patient, I show them. So he knew
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|