In a shocking case of alleged medical negligence, a couple has taken legal action against a prominent healthcare provider for failing to diagnose and treat a serious condition, leading to devastating consequences. Ellen Cousins and Robert Cousins filed a complaint on April 30, 2025, in the Superior Court of California, County of Santa Clara, accusing Dr. Dora M. Chin and Kaiser Foundation Hospitals among others of medical malpractice.
The lawsuit centers around the failure to diagnose microcystic adnexal carcinoma in Ellen Cousins back in November 2021. According to the complaint, Ellen was seen by dermatologist Dr. Dora M. Chin at Kaiser Permanente Santa Clara with concerns about a bump on her nose. Dr. Chin diagnosed it as telangiectasis with no suspicious lesions and did not schedule any follow-up appointments. Over time, Ellen's symptoms worsened but she wasn't seen again until May 6, 2024, when another practitioner noted significant changes and performed a biopsy that confirmed cancer. By then, the cancer had advanced so much that Ellen required a total rhinectomy—a surgery so extensive that reconstruction or fitting for a prosthetic nose was not possible due to ongoing pain and swelling.
The plaintiffs allege that this delay in diagnosis allowed the cancer to progress unchecked for over two years, resulting in severe disfigurement and ongoing physical and emotional suffering for Ellen Cousins. The lawsuit claims that the defendants failed to exercise the necessary skill and care expected from competent healthcare providers, thus breaching their duty towards Ellen as their patient.
Robert Cousins is also seeking damages for loss of consortium due to the impact his wife's condition has had on their marital relationship. The plaintiffs are asking for general damages according to proof at trial, medical expenses past and future, compensation for loss of earnings, costs incurred during litigation, and any other relief deemed appropriate by the court.
Representing the plaintiffs are attorneys Benjamin T. Ikuta and Vanessa N. Raven from Ikuta Hemesath LLP. The case is presided over by Judge M. Arechiga under Case ID 25CV464931.