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Tuesday, June 25, 2024 | Back issues
Courthouse News Service Courthouse News Service

Couple Claim Kaiser Missed Cancer

SACRAMENTO (CN) - A woman with Stage IV ovarian cancer claims in court that the disease would have been treatable had Kaiser Permanente tested her properly when she first sought treatment, in 2006.

Yin Meng Liu Flato and her husband William sued Kaiser Foundation Hospitals, the Permanente Medical Group, Kaiser Permanente Hospital, its health plan, and Drs. Thao Nguyen Huynh, Gregory Herrera and Sabrina Mun-Yee Chen, in Superior Court.

The Flatos say in the complaint that Yin Meng went to a Kaiser Permanente hospital in 2006 with symptoms of cancer. They claim no testing was ordered.

In June 2010 a chest CT scan revealed nodules on Yin Meng's lungs, but no further diagnostic testing was ordered, the Flatos say.

"Proper diagnostic testing was not performed until March of 2011 which revealed Stage IV ovarian cancer. This failure to properly perform surgery, engage proper treatment, prescribe proper treatment, failure to provide necessary medical treatment and services, failure to perform proper and necessary tests and examinations ... resulted in plaintiff suffering high-risk cancer and resulting damages to the plaintiff," the complaint states.

"All of the above wrongdoing, mistakes, and failures resulted in a cancer diagnosis, which was preventable and timely and/or appropriate care and treatment been given. This was all the result of the defendants, and each of their negligent breach of the standard of care in the care and treatment of plaintiff Yin Meng Liu Flato which has resulted in injuries and damages set forth above and below.

"As a direct and proximate result of the negligence and/or wrongdoing of defendants, and each of them, plaintiff Yin Meng Liu Flato suffered severe injuries to her body and/or psyche, and other injuries which are not fully known at this time, causing damage to plaintiff Yin Meng Liu Flato."

In their examination, diagnosis, and care, all the defendants "failed in their duties in that they failed to possess and exercise that degree and skill of knowledge ordinarily possessed by hospitals, physicians, nurses, attendants, and the like so as to proximately cause the injuries and damages alleged herein," the complaint states.

The Flatos seek general damages for loss of consortium, and special damages for loss of earnings, financial support, and future funeral and burial costs. They are represented by Frederick Sette of Sacramento.

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