Lee v. Kaiser Foundation Health Plan

By Judge Kathleen H. mackay

This matter came before the Court on Friday August 13, 2004, on Plaintiffs motion to exclude Defendants’ expert witness, Dr. Rebecca Zuurbier. As previously stated from the bench, Plaintiffs motion is granted. I am writing this letter opinion to more fully explain that result.

Plaintiffs motion arises from an unusual set of facts. This is a medical negligence case, in which Plaintiff alleges that the Defendants were negligently tardy in diagnosing her breast cancer. A crucial issue in the case will be interpretation of mammograms taken prior to Plaintiffs diagnosis.

In…