Weber Gallagher Simpson Stapleton Fires & Newby LLP

January 25, 2008 : Jury Decides in Favor of Surgeon in Failure-to-Diagnose Case

After a week-long trial, a Jefferson County, Pennsylvania jury ruled in favor of a surgeon in a failure-to-diagnose case.   The plaintiff’s mother was a 76-year-old patient of the doctor, who was referred to him by the co-defendant family practitioner for evaluation of a lesion on her adrenal gland.  The surgeon concluded the lesion was benign.  The lesion did prove to be benign, as shown on subsequent CT scans.  At the age of 78, the plaintiff's mother was diagnosed with a rare form of primary peritoneal adenocarcinoma and she died six weeks later.  The plaintiff contended that his mother had metastatic ovarian cancer and that the adrenal lesion should have been excised. 

The jury deliberated less than two hours and returned a unanimous defense verdict for the surgeon, and an 11-to-1 defense verdict for the family doctor.  Samuel H. Foreman, a partner in the Firm's Pittsburgh office, represented the surgeon.