Plaintiffs were the 50-year-old husband and 15-year-old daughter of a 45-year-old woman who died of gallbladder cancer while under the care of her internist and gynecologist.
The defense claimed that there was no standard of care violation in the treatment of decedent because she never reported any physical complaints consistent with gallbladder cancer.
The law offices of Winer, McKenna & Burritt, LLP, through discovery was able to turn up a radiology report which was sent to the internist’s and gynecologist’s office indicating that plaintiff had an x-ray finding suspicious of gallbladder cancer that recommend further follow up. The follow up was never performed and the woman, who probably would have been saved through proper follow up was incurable by the time the doctors finally found the cancer.
Because this was a medical malpractice case, emotional distress damages were limited to $250,000; however, the law offices of Winer, McKenna & Burritt, LLP, was still able to obtain a significant settlement of $750,000 in favor of plaintiff.
RESULT: $750,000 settlement in favor of Plaintiff