Verdict:
$613,956.00, plus costs, pre-judgment interest and expert witness
fees for a net judgment of approximately $713,000.00.

Case Name:
CRAVO vs. HEALTH NET, et al.

Case Number And Date:
722157 San Diego, October 1999

Plaintiffs:
Sara Cravo and Frank Cravo - Harris I. Steinberg, San Diego

Defendants:
Health Net, Sharp Mission Park Medical Group and Marilyn Moriaty, Lewis, D’Amato, San
Diego; Gabriel Benrubi, Belsky & Associates, San Diego

Facts And Background:
Mrs. Cravo, a 64-year-old retired tax collector, saw Dr. Richard
Petyn, an internist, at Sharp Mission Park Medical Group
(HealthNet HMO) three times in 1994 with a complaint of numbness
on the right corner of her mouth. Dr. Petyn examined Mrs. Cravo
and advised Mrs. Cravo that she did not have any serious medical
problem. According to defendant, Mrs. Cravo never complained of
any problem with her mouth from 1995 until June 1997, when she
returned with the same facial numbness and diminished hearing on
the right side. Dr. Petyn then referred Mrs. Cravo to an Ear,
Nose & Throat specialist, who ordered an MRI and diagnosed a 4.5
cm brain tumor (meningioma).

Mrs. Cravo was then referred to defendant’s panel neurosurgeon,
who recommended that plaintiff forego surgery and try an
investigational medication to shrink the tumor. Plaintiff
rejected this proposal and underwent 5 brain surgeries with
non-panel neurosurgeons who removed 70% of the tumor. Mrs. Cravo
was successful in recovering most functions, although she
continues to suffer short-term memory losses, a droopy right
eyelid, and balance difficulties that prevent her from driving.

Plaintiffs’ Contentions:
Dr. Petyn was not qualified to diagnose
or treat a neurological problem and should have referred
plaintiff to a specialist or ordered an MRI to rule out a tumor.
Surgery could have been avoided if Gamma Knife treatment was
obtained in 1994.

Defendants’ Contentions:
Defendants contended that Petyn was qualified to diagnose the
condition, that plaintiff stopped complaining about the problem
in 1995 and that the 3 year delay caused no additional harm, since
the tumor was a slow-growing one.

Damages:
$180,000 of medical expense paid
by Medicare, residual short-term memory problems, droopy right
eyelid, balance difficulties.