Failure To Diagnose Stage I Cancer

Topic: Medical Malpractice – Cancer Diagnosis – Medical Malpractice – Delayed Diagnosis the plaintiff claimed failure to diagnose Stage I cancer

Summary: Award Total: $1.2 million

RESULT (Settlement): The parties agreed to a $1.2 million settlement.

Insurance Carrier: Medical Liability Mutual Insurance Co. for all defendants.

Attorneys:

Plaintiff: Victoria Wickman; Sullivan Papain Block McGrath & Cannavo, P.C.; New York, NY

Defendant: Kenneth R. Reiser; Bartlett, McDonough, Bastone & Monaghan, L.L.P.; Mineola, NY

Judge: Alice H. Schlesinger

Range Amount: $1,000,000 – $1,999,999

State: New York; County: New York

Injuries: Plaintiff claimed that the 16-month delay allowed her disease to progress from Stage IA to Stage IC grade II mucinous ovarian cancer with lymphovascular invasion. She further claimed that the delay decreased her chance of cure from 92.7% to 84.7% and necessitated a full six months of chemotherapy.

Facts: The plaintiff, 26, a physical therapist, developed a left ovarian mass that was removed on Sept. 12, 2003, at NYU Medical Center, in Manhattan. The tissue specimen was sent to NYU Pathology Associates and was read by the cytopathologist as a benign mucinous cystadenoma. However, 16 months later, the plaintiff developed another left ovarian mass, which was removed on Dec. 16, 2004, at the same hospital. That tissue specimen was sent to NYU Pathology Associates and read to be malignant ovarian carcinoma. The cytopathologist then reevaluated the pathology slides of Sep. 13, 2003, and issued an Amended Report changing the diagnosis from benign to malignant. The plaintiff sued the cytopathologist, her practice and the hospital for medical malpractice. She claimed that she suffered a 16-month delay in diagnosing her ovarian cancer. The defendants’ depositions were never held, and they did not contest liability. The plaintiff was unable to work for one year and returned to work as a physical therapist after the completion of chemotherapy. She claimed that she incurred approximately $25,000 in past lost wages and sought to recover damages for her past and future pain and suffering. The defendants’ claimed that the plaintiff was diagnosed in Stage I therefore, the treatment would have been the same and the delay did not cause any harm.

ALM Properties, Inc. New York Supreme.

PUBLISHED IN: VerdictSearch New York Reporter Vol. 23 2006 WL 1529160 (N.Y.Sup.)