Weber Gallagher Simpson Stapleton Fires & Newby LLP

August 27, 2007 : Scranton Attorneys Gain Defense Verdicts

Partner Gene Feeney of the Firm's Scranton office recently obtained a defense verdict in Luzerne County.  The plaintiff alleged that the defendant physician failed to timely diagnose and treat her recurrent thyroid cancer, which ultimately caused or increased the risk of the occurrence of breast cancer. In July 1986, the plaintiff was diagnosed with papillary carcinoma of the thyroid. Later that year, the plaintiff underwent a staged total thyroidectomy during which her most of her thyroid was removed. 

Following the procedure, the plaintiff came under the care of the defendant for purposes of  monitoring, evaluating and/or treating her thyroid condition.  The defendant continued to monitor the plaintiff until November 2000.  The records indicated that the plaintiff’s serum thyroglobulin level was elevated between 1986 and November 2000.  Plaintiff alleges that despite this knowledge, the defendant did not relay this information to her, nor did he conduct, order or prescribe any follow-up tests, studies or evaluations to determine whether carcinoma of the thyroid existed. 

The defendant retired from medical practice in November 2000 and the plaintiff began seeing a different endocrinologist, who noted the plaintiff’s serum thyroid globulin levels to be elevated at 9.1 in January 2001 and at that time, questioned whether her thyroid cancer had returned.  The patient agreed to a repeat neck exploration and removal of any disease.  The plaintiff ultimately underwent radical neck dissection with removal of approximately 9 metastatic lymph nodes. In the interim between February and July 2001, Plaintiff did have the development of breast cancer for which she underwent a lumpectomy and  chemotherapy.  Plaintiff alleged she developed breast cancer due to the defendant's negligence.  The plaintiff’s demand to settle was $800,000. 

In another medical professional liability case, partner Domenick Georgetti obtained a defense verdict in Union County.  This trial involved allegations that a urologist was negligent in a his treatment of plaintiff for kidney stones.  The plaintiff had a long complicated medical course and ultimately ended up receiving treatment at Hershey Medical Center. The plaintiff’s demand at time of trial was $500,000.