Star-Bulletin Wednesday, October 28, 1992 A-2
By Benjamin Seto
Star-Bulletin

A Kahala woman has won a $1.5 million settlement from Kaiser Permanente Medical Group, which she claims did not properly diagnose her breast cancer.

The award, a result of binding arbitration, is being touted by the woman's attorney as the largest for a breast cancer patient in Hawaii.

The settlement was reached last week after Kaiser declined to appeal the arbitration panel's decision last September in favor of attorney Richard Turbin's client, Helen Ann Beiser.

Beiser, 47, complained to her Kaiser physician of pains in her chest area about two years ago. Turbin said doctors initially thought the pain was a result of her recovery from pneumonia.

Turbin said that the Kaiser doctor was negligent by failing to screen Beiser on an annual basis for breast cancer, a practice Turbin says is recommended for women over 40.

Beiser, a clinical psychologist, was given papers to receive a mammogram. But Turbin said Beiser had to wait about four months for one appointment, which she missed, and an additional two months for a second appointment, which she also missed.

Because Beiser missed the mammogram appointments, the arbitration panel found her 10 percent negligent for her illness.

Beiser's award was about $1.65 million, but reduced by 10 percent to $1,485,000. She received an additional $50,000 to cover attorney fees and costs.

Kaiser released a statement sympathizing with Beiser's condition, but noted again that she had failed to meet her scheduled mammogram exams and "did not follow through with her yearly visits to an obstetrician/gynecologist for breast examination visits."

Turbin had said earlier that Beiser did regularly visit such a doctor. Beiser eventually discovered a lump in her right breast through self-examination. Turbin said Beiser has had her right breast removed along with lymph nodes under her right arm that were infected with cancer.

She is now undergoing chemotherapy treatment.

Turbin said Beiser's cancer is categorized as "stage 3" out of four stages, with stage 4 being the most dangerous. He said Beiser's illness could have been cured by now if detected early.

Kaiser joined Turbin in encouraging women to seek breast examinations on a regular basis. Kaiser said that as part of Breast Cancer Awareness month, the medical group is providing self-examination instructional video tapes to members and others. �