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Christensen v. Philip Morris USA Inc.6/8/2005
that, you know, that was the situation, essentially. And we discussed on how to find out, you know, what is all about it. Basically, just the outline was the major thing.
The simplest way to start with analyze the sputum. He's bringing up so much there. Number two, are these changes new or old? And I have to respect him because he was telling me that, you know, he was there before, he had some abnormalities, density, this is what he was telling me. And then the third was that if we didn't know, then a biopsy tissue diagnosis needed to be done.
[QUESTION]: Based on the size of the pleural mass, the 3.3 by 2.7, and the fact that there was the paratracheal involvement, did this appear to be cancer to you?
[DR. BEDON]: Yes. Yes.
[QUESTION]: And you discussed that with Mr. Christensen?
[DR. BEDON]: Yes.
(Emphasis added).
The sputum cytology test was performed on July 29, 1998. The lab results indicated the presence of "atypical glandular cells [, which were] highly suspicious for adeno-carcinoma."
At his deposition, Christensen stated that he learned in July 1998 that he had lung cancer:
[QUESTION]: When did you find out that you had lung cancer?
[MR. CHRISTENSEN]: I found out in the latter part of July .
And as a result of a meeting with a Dr. Bedon who is a pulmonary specialist, and as a result of some sputum tests, it was determined that I had cancer.
I then, to further things along, I had a needle biopsy on my lung where it was also determined that the tumor was malignant.
Moreover, in his affidavit, Christensen averred: During July, 1998, my doctors told me that I had no more than 14 months to live. My terminal prognosis was confirmed by doctors after courses of chemotherapy and radiation therapy.
I believe that my lung cancer and emphysema were caused by years of cigarette smoking. . . .
It was very difficult for me to quit smoking. I believe I became addicted to cigarette smoke. From the 1940's to the present I have always felt and to this day, still feel the urge to smoke. . . .
Dr. Bedon met with Christensen on or about August 5, 1998, to discuss the results of the sputum cytology. He indicated to Christiansen that further testing was needed. The following deposition colloquy is relevant:
[QUESTION]: Did you discuss this report with Mr. Christensen?
[DR. BEDON]: Oh, yes. Definitely. Oh, yes.
[QUESTION]: Based on this and what you learned from the CT what did you tell him?
[DR. BEDON]: That we needed to have a biopsy to have it 100 percent.
[QUESTION]: But in your view this clearly was cancer?
[DR. BEDON]: Yes.
[QUESTION]: And you discussed that with Mr. Christensen?
[DR. BEDON]: Yes, I did.
(Emphasis added).
Dr. Bedon maintained, however, that he would not have discussed the cause of the Decedent's cancer until he received a definitive pathologic report confirming the presence of a cancer and an identification of the cancer's cell type. According to Dr. Bedon, he did not inform Christensen or his wife that the cancer was caused by cigarette smoking until after Christensen underwent a needle biopsy on August 13, 1998; that procedure established that the lung cancer was, indeed, caused by cigarette smoking.
It was not until September 1998 that Dr. Bedon met with Christensen to discuss the results of the needle biopsy. According to appellants, " t was at that meeting that Dr. Bedon for the first time connected Mr. Christensen's lu
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