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Jury Awards $768,000 in Woman’s Death : Lawsuit: The director of a Costa Mesa medical clinic must pay the judgment because of delay in diagnosing the patient’s breast cancer.

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TIMES STAFF WRITER

The director of a Costa Mesa medical clinic was ordered Friday to pay $768,000 to a Fullerton man whose wife died after the clinic delayed the diagnosis of her breast cancer.

After deliberating for three days, the Orange County jury found that Dr. James Stirbl, director of the Sano Medical Clinic Inc. in Costa Mesa, was responsible for the clinic’s failure to treat a pea-size lump on Robin Lowe’s breast when she reported it to her physician in June, 1985.

“The doctors basically did not do anything about it until February of 1986,” said attorney Daniel Hodes, who represented the woman’s husband, Allan Lowe. “By the time they did the tests they should have done in May or June, the cancer had spread through her body.”

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Hodes said Lowe first discovered the lump during a self-examination in May, 1985, during her third month of pregnancy, and reported it in June to her obstetrician at the clinic, Dr. Long Dei Liu. The doctors ordered a mammography in October but because of her advanced stage of pregnancy, the test was not done, and a biopsy was not ordered, Hodes said.

The breast examination the following February revealed the tumor had grown to 6.5 centimeters and the cancer had spread, Hodes added. Lowe died in September, 1986, at the age of 30.

Her baby was born healthy, but died in 1987 in a swimming pool accident, Hodes said.

During the three-week trial, jurors heard Lowe’s account of her medical treatment through a videotaped deposition taken two months before her death.

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Liu and a third physician who cared for Lowe, Dr. Farah Khan, also were sued, but the jury found that only Stirbl had been negligent.

Stirbl’s attorney, Michael Packer, said after the verdict that Stirbl did not recall being told by Liu of the lump until several months after it was first discovered. But the other doctors testified they could only go to Stirbl for referrals, and Liu assumed Stirbl would handle the matter, Packer added.

“The record indicates that Dr. Liu knew about this and did not do anything for her when he saw her,” Packer said. “The jury felt that as director of the clinic, Dr. Stirbl had responsibility for all the doctors.”

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Hodes said the jury’s award totaled more than $1 million. But Packer said that total is based on a 30-year pay-out, and the current value of the award is $768,000.

“I think the award was a just one,” Lowe’s attorney said. “I would have preferred to have Robin Lowe back with us, but the jury did the right thing.”

Packer said: “It’s unfortunate that this happened to this woman and Dr. Stirbl feels terrible that it happened at his clinic. But he did not feel he was responsible.”

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