Staff | New York Jury Verdict Reporter, Vol.XX, Issue 10

Supreme Court, Tenth Judicial District, Nassau County, New York

PEGGY GAZAWI V. KAREEM TANNOUS M.D.; MARIA LEVADA, M.D.; K.M.L.T. GYNECOLOGICAL

ASSOCIATES; AND ABC IMAGING (A FICTITIOUS NAME)

No. 18527/97

DATE OF VERDICT/SETTLEMENT: March 20, 2002

TOPIC: MEDICAL MALPRACTICE FAILURE TO DIAGNOSE BREAST CANCER

SUMMARY:

AWARD: $1,620,000

RESULT: Verdict-Plaintiff

$1,620,000 v. Tannous and K.M.L.T. 6/0. Breakdown: $600,000 for past pain and suffering; $500,000 for future pain and suffering; $10,000 for past medical expenses; $60,000 for future medical expenses; $75,000 for past lost earnings; $150,000 for future lost earnings; $75,000 for past impairment of earning ability; $150,000 for future impairment of earning ability.

EXPERT WITNESSES:

Plaintiff: Dr. Francis Arena; Oncology Dr. John Lundie; Surgery Dr. Mark Tuckfelt; Oncology Dr. Martin Gubernick; Obstetrics

Defendant: Dr. Marc Citron; Oncology

ATTORNEYS:

Plaintiff: Dennis A. Breitner; Finz and Finz; Jericho, NY

Defendant: Joel D. Steiner; Seaford, NY

JUDGE: R. Bruce Cozzens, Jr.

STATE: New York

COUNTY: Nassau County

On 12/27/94, plaintiff presented to defendant Tannous with complaints of a lump in her right breast, a protruding vein from her right armpit to her right nipple, and a discharge from the nipple. Tannous referred plaintiff for a mammogram, which was taken the same day. It was read by defendant ABC Imaging settled for $150,000 as negative. On 3/10/95, plaintiff presented to Levada's office, where an associate of Levada performed a sonogram, which showed a mass in the right breast. A breast surgeon then performed a biopsy, which was positive for invasive intraductal carcinoma. A lumpectomy showed six positive lymph nodes. Plaintiff underwent radiation and chemotherapy. The cancer recurred in 1998, and plaintiff underwent a double mastectomy with chemotherapy. In 2000, it was discovered that the cancer had metastasized to plaintiff's liver and brain. She was undergoing chemotherapy at the time of trial.

INJURIES: On 5/4/94, plaintiff, a 35-year-old hairdresser, presented to her gynecologist, defendant Tannous, complaining of a lump in her right breast. Defendant, a member of defendant K.M.L.T., examined her breast but did not find a lump. Plaintiff returned a week later and underwent a gynecological procedure. She complained again of the lump at that time. There was no reference to a breast examination or positive findings in defendant's records. Plaintiff claimed that on 5/24/94, she saw defendant Levada, another member of K.M.L.T., for a second opinion. Levada had no record of this visit. Plaintiff claimed that she returned to Tannous in June, July, and September with continued complaints of a lump. Tannous had no record of visits in June, July, or September. Plaintiff testified that she returned to Levada in October 1994, but Levada had no record of this visit. Plaintiff called a witness who testified that she accompanied plaintiff on both visits to defendant Levada.

SUMMARY:

Other Demonstrative Evidence: enlargements of medical records and charts

Plaintiff contended that defendants should have diagnosed the cancer in May 1994 and referred her to a breast surgeon for treatment. She contended that if it had been timely diagnosed and treated, she would have had a 90% chance for a cure. Plaintiff claimed that the 16-month delay in diagnosis and treatment caused the cancer to metastasize and worsen her prognosis.

Defendant Tannous claimed that plaintiff did not complain of a lump in her breast until 12/27/94, and then properly referred her for a mammogram, which was negative. He contended that even if the cancer had been diagnosed on 12/27/94, it would not have changed plaintiff's outcome or prognosis. Defendant Levada denied that she ever examined or treated plaintiff. offer; demand: $1,000,000.