Kaiser Waited 2 Years to Give Man Test Results That Indicated Cancer, Lawsuit Alleges

ATLANTA (CN) - Kaiser waited more than 2 years to warn a patient that test results showed he might have cancer, the man claims in court.

Gregory Magnussen sued Dr. Samuel W. Moss, The Southeast Permanente Medical Group, Kaiser Foundation Health Plan of Georgia and an affiliate, and Kaiser Permanente Insurance, in Fulton County State Court.

In his lawsuit Magnussen claims Dr. Moss examined him and did tests in April 2010. Hearing nothing about the lab tests, Magnussen and his wife assumed everything was all right.

"Over the course of a number of years, the Magnussens had grown accustomed to hearing from defendants if any of their test results indicated that further attention might be necessary," the complaint states.

But in October 2011, Magnussen's new doctor, (nonparty) Gary Orris, found a large mass in his colon and recommended a colonoscopy, the lawsuit states. After more tests, (nonparty) Dr. J. Clay Copher told Magnussen that he "had a large cancerous growth that would need to be removed immediately. Due to the size of the growth, Dr. Copher indicated to G. Magnussen that a large amount of his colon would have to be removed and a colostomy would be required," the complaint states.

The surgery was done on Nov. 4, 2011, and was followed up with chemotherapy and radiation.

Then in June 2012, seven months after the surgery and 26 months after his Kaiser exam, Magnussen finally got a letter from Kaiser. According to the lawsuit, that letter said, in part: "Our records indicate that you are no longer enrolled with Kaiser Permanente. We want to inform you that you had an abnormal laboratory test prior to leaving our care that you should discuss with your new doctor or health care provider.

"You received a positive fecal occult blood test (FOBT) on 4/12/10 which is a test used as a screening for colon cancer. Your test indicates that further evaluation is required.

Please contact your current physician for further guidance."

Magnussen claims that Kaiser's gross negligence, negligent failure to warn, and breach of duty of care cost him "severe, permanent and disabling personal injuries," and that he "has suffered, and will continue to suffer, physical, mental and emotional pain."

He seeks actual and punitive damages.

He is represented by Larry C. Oldham of Cumming, Ga.