$10.9 Million Awarded to Family of Cancer Victim

Delivering a verdict and a message, an Orange County jury awarded $10.9 million to the family of a Yorba Linda woman who died of cancer after her medical group failed to perform tests that may have saved her.

The Orange County Superior Court jury found that the Friendly Hills Medical Group of La Habra was responsible for the death of Christina Louise Rutledge, 30, from cervical cancer in August 1993.

The award, among the largest in an Orange County medical malpractice case, was meant to tell Friendly Hills and other groups working with HMOs that patients should be put ahead of profits, jurors said after the verdict.

“You must be responsible and you must be professional,” said juror Marjorie Martin, a Lake Forest retiree. “A woman should not be allowed to have cancer running rampant through her system with no one paying attention, essentially.”

Daniel M. Hodes, the attorney for the Rutledge family, argued that better record-keeping and more diligent care by doctors would have led to an earlier diagnosis and a chance at survival for the Yorba Linda mother.

But defense attorney Scott A. Martin argued that Rutledge’s cancer was incurable as early as January 1992, months before she first visited Friendly Hills for tests and treatment. Testimony by doctors from UCLA, USC and Cedars Sinai Medical Center supported that argument, Martin said.

Evidence also showed she did not keep an appointment for her pelvic pain, he said.

In February 1992, Rutledge was under the care of an unaffiliated Anaheim Hills doctor who performed a pap smear on her that returned abnormal results. That physician, Dr. Jesus Hernandez, wrote in her record that she should be tested again in three months, according to testimony in the case.

A month later, Rutledge developed pelvic pains and underwent an ultrasound at Hernandez’s office. The test turned up nothing wrong, but Hernandez suggested a laporoscopy, an abdominal cavity exam, which Rutledge opted to have performed under coverage at her medical group, Friendly Hills.

Hernandez signed a release to have Rutledge’s records sent to the Friendly Hills office in Yorba Linda. Friendly Hills received the records, but they were never reviewed, according to testimony.

Rutledge never received the second pap smear Hernandez had recommended.

Friendly Hills’ staff performed the laporoscopy on April 28 but, the plaintiff contended, did not schedule Rutledge for a postoperative visit.

Rutledge was hospitalized in January 1993 for a mass growing from her hip. A biopsy performed at Friendly Hills could not determine the cancer’s origin. She died in August of that year.

An expert witness for the plaintiff testified that a second pap smear would likely have led to a diagnosis of cancer in May 1992, which would have given Rutledge a 65% to 85% chance to be cured, according to Hodes.

“This is a test that would have cost 50 cents to perform and 60 seconds to repeat,” Hodes said. Friendly Hills “acknowledged that they didn’t have a system. They didn’t review records.”

Juror Jay “Wally” Trotter said there was “no debate whatsoever” during deliberations about the culpability of Friendly Hills, only discussion of the dollar award.

“Some of the jurors thought it should be a lot more,” said Trotter, a former Orange County Fire Marshal living in Lake Forest. “As far as negligence, we reached that decision right away.”

The $10.9-million award will likely be reduced, according to both attorneys. Legislation passed in 1975 limits the amount that anyone can receive from such cases. Martin said the award will shrink to about $3 million.

Trotter said he hoped the verdict would send a signal to HMOs that they must personalize and professionalize their service to patients. “People are being herded through. It’s mass production. . . . I got the feeling this was a typical situation.”

Michael Rutledge said the verdict will help him close a painful chapter in his life.

“The questions before the jury were ‘Were they negligent?’ and ‘Did they cause the death’ of my wife,” he said. “They answered yes, and I didn’t really care what was said after that. The amount of money really doesn’t matter a bit. I don’t even think I heard anything after that.”

Rutledge said his 7-year-old daughter, Caitlyn, has been in the care of a psychologist in the wake of her mother’s death. The child continually draws angels and speaks about wanting to join her mother, Rutledge said Thursday night in a halting voice.

‘It’s been hard to explain to her what’s been going on,” said the owner of Earth Science, a Yorba Linda maker of personal care products. “But now it may be easier.”