Uriell

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)1 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

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…