Uriell

Uriell v. Regents of University of California

Good Law
184 Cal. Rptr. 3d 79·2015 Cal. App. LEXIS 159·234 Cal. App. 4th 735
Court of Appeal of CaliforniaJanuary 29, 2015D064098California4,183 words

Opinion

Opinion

McConnell, J.

INTRODUCTION

A jury found the University of California San Diego Medical Center (UCSD) failed to timely diagnose Barbara Kastan’s breast cancer in 2007 resulting in her death in 2010. The Regents of the University of California (Regents) appeal the wrongful death judgment in favor of Kastan’s husband and children contending (1) plaintiffs’ expert lacked foundation for his opinion there was a reasonable medical probability Kastan would have survived 10 more years if she had been timely diagnosed and (2) the court failed to properly instruct the jury on the issue of causation when it gave the standard substantial factor jury instruction rather than a special instruction regarding proof of causation to “a reasonable medical probability.” We disagree with both contentions and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A

Kastan had an extensive family history of breast cancer. Her mother was diagnosed with breast cancer in her early 50s and died at age 68 or 69, approximately 18 years after she was diagnosed. Kastan’s mother’s aunt died of breast cancer. In addition, Kastan’s paternal grandmother and 10 great-aunts all died of breast cancer.

In the summer of…

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