A. The Underlying Medical Malpractice Claim.

     In March 1986, Mr. Engalla presented himself to Kaiser's Hayward facility
complaining of a continuing cough and shortness of breath.
     Tests were administered, including radiologic examinations, and Kaiser's
radiologist noted abnormalities of his right lung.
     Previous radiologic studies performed by Kaiser in 1982 at the same
Hayward facility had been inadvertently destroyed, but would otherwise have
confirmed that the abnormal condition had only recently developed.
     In his notes from the 1986 examination, the radiologist recommended
follow-up if the films could not be located, but none was ever performed.
     For several years thereafter, Mr. Engalla repeatedly presented with
complaints symptomatic of respiratory disease.
     On some occasions he was given an appointment with a physician, but on
other occasions he was only permitted to see nurse practitioners.
     For years, he was given inhalation medication, but Kaiser failed to
perform diagnostic tests that might have revealed the developing cancer.
Instead, he was repeatedly diagnosed with common colds and allergies.