Craig Beaubien et al vs. Charu Trivedi et al

Case Background

On May 3, 2021, Plaintiff  Craig Beaubien filed a Medical malpractice lawsuit in the United States District Court Eastern District of Michigan, Southern Division(Case number: 1:19cv604). This case was assigned to District Judge Gershwin A. Drain and referred to Magistrate Judge Kimberly G. Altman.

Cause

Craig Beaubien, a resident of Temperance, Michigan, began seeking medical care from Dr. Charu Trivedi at the Toledo Clinic Cancer Center in Monroe, Michigan, on November 27, 2018. Craig exhibited elevated blood counts, raising concerns about polycythemia, a condition often linked to underlying health problems. Dr. Trivedi, a hematologist, diagnosed him with secondary polycythemia, attributing the condition to his smoking history, dehydration, and sleep apnea. However, despite the potential for serious underlying causes such as kidney disease or cancer, Dr. Trivedi failed to order additional diagnostic tests, imaging studies, or procedures to rule out malignancy.

Craig visited Dr. Trivedi several times over the following months. On December 13, 2018, she reaffirmed the same diagnosis without initiating further tests. On February 5, 2019, even with Craig’s persistent elevated hematocrit levels, Dr. Trivedi recommended another phlebotomy instead of conducting imaging or laboratory investigations to uncover the cause. This pattern continued on May 2, 2019, when another phlebotomy was performed without advancing any diagnostic efforts.

On June 23, 2019, Craig sought emergency care at ProMedica Monroe Regional Hospital after experiencing severe headaches, left-sided weakness, and visual disturbances. A CT scan revealed a brain tumor. Craig was transferred to the University of Michigan Hospital, where further tests identified a heterogeneous mass in his right parietal lobe. Doctors diagnosed him with advanced clear cell renal carcinoma, which had metastasized to his brain and possibly other areas. The delayed cancer diagnosis severely limited his treatment options and worsened his prognosis.

Injuries

The failure to promptly diagnose Craig’s kidney cancer allowed the disease to progress unchecked for over seven months, leading to metastasis in his brain and other regions. This negligence inflicted severe physical pain, prolonged disability, and immense mental distress. The delayed cancer diagnosis diminished his life expectancy and left him with reduced chances of recovery. Craig’s inability to work during this period resulted in a substantial loss of earnings and long-term earning capacity. He also incurred significant medical expenses for treatments necessitated by the cancer’s advanced stage.

Whitney Beaubien, Craig’s wife, experienced collateral damages due to this medical malpractice. She suffered immense emotional anguish and lost the companionship and support of her husband. Acting as his primary caregiver, Whitney undertook difficult and exhaustive responsibilities that have caused lasting strain on her emotional well-being and financial stability.

Damages

The plaintiffs sought compensation for the extensive physical, emotional, and financial damages caused by this medical malpractice. These included ongoing medical expenses, lost income, diminished earning capacity, emotional distress, and Whitney’s loss of consortium.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Craig Beaubien | Whitney Beaubien
    • Counsel for Plaintiff: Kanwarpreet Singh Khahra | Paul F. Doherty | Jeffrey T. Stewart
  • Defendant(s): Charu Trivedi | Toledo Clinic, doing business as Toledo Clinic Cancer Centers
    • Counsel for Defendants: Amy E. Schlotterer | Andrew Zaituna | Michael J. Cook

Claims

Craig and Whitney Beaubien filed medical malpractice and negligence claims against Dr. Charu Trivedi and the Toledo Clinic Cancer Center. They argued that Dr. Trivedi failed to meet the established standard of care required for a practicing hematologist. Despite clear indications of elevated hematocrit levels, she did not conduct diagnostic tests or imaging studies necessary to rule out kidney disease or cancer.

The claims stated that Dr. Trivedi breached her duty of care by neglecting to develop a comprehensive differential diagnosis that would have included kidney cancer as a possibility. This breach delayed the discovery of Craig’s cancer, allowing it to progress to an advanced, incurable stage. The plaintiffs contended that timely testing and treatment in 2018 would have likely identified the cancer early, enabling curative or life-prolonging interventions.

The Beaubien family also held the Toledo Clinic Cancer Center vicariously liable for Dr. Trivedi’s negligence under the doctrine of respondeat superior. They argued that Dr. Trivedi, as an employee or ostensible agent of the clinic, implicated the institution in the substandard care.

Defense

The defendants, Dr. Charu Trivedi and the Toledo Clinic Cancer Center, denied breaching any standard of care or causing harm to the Beaubiens. They acknowledged Craig’s referral for polycythemia by his primary care physician in April 2018. However, they contested the plaintiffs’ characterization of Dr. Trivedi’s diagnosis and treatment plan.

Further, the defendants argued that initial testing, laboratory findings, and analysis were appropriately conducted during Craig’s visits. They also emphasized that Craig’s polycythemia was described as “possibly secondary to smoking, HT, dehydration, and sleep apnea, cannot r/o primary polycythemia.”

In their defense, they suggested the plaintiffs’ injuries could have resulted from their own negligence or actions by unrelated third parties. They also cited compliance with Michigan’s tort reform requirements and caps on non-economic damages as procedural defenses.

Jury Verdict

On July 24, 2024, the jury ruled in favor of Craig and Whitney Beaubien, concluding that Dr. Trivedi’s professional negligence constituted medical malpractice and caused significant harm. They found that Craig’s cognitive abilities were permanently impaired, leaving him unable to make independent decisions or perform daily activities.

The jury awarded $6.5 million to Craig Beaubien for non-economic damages, including pain and suffering, mental anguish, and loss of enjoyment of life. They also granted $115,241.98 for economic damages related to his medical care. Additionally, the jury awarded $2 million to Whitney Beaubien for loss of consortium. This reflected the profound impact on her marital relationship and caregiving responsibilities. In total, the Beaubiens received approximately $8.6 million in damages. This affirmed the extensive harm caused by the cancer misdiagnosis and medical malpractice.

Court Documents:

Documents Available for Purchase upon Request