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Lawsuit over Maui man's radiation treatment settled for $15M

By Associated Press

LAST UPDATED: 8:33 a.m. HST, Sep 9, 2013

WAILUKU » The family of a Hawaii lung cancer patient treated with too much radiation due to a software programming error has reached a settlement in a lawsuit.

The family of 45-year-old Zacarias Chichioco Jr. of Kahului sued doctors at Pacific Cancer Institute and Varian Medical Systems Inc. after Chichioco's death in 2011.

The case was settled for $15 million before a scheduled trial this month.

The Maui News reports the family will receive $1 million from institute founder and president Dr. Bobby Baker and $1 million from institute physician Dr. Daryl Makishi, the limit of their insurance policies.

Chichioco family attorney Michael Tateishi says Varian will pay $13.25 million.

The case led to a recall of the software that Varian manufactured.

Varian is based in Palo Alto, California.

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