Professional Negligence Law Reporter

Daniel Scavetta, who had a history of intravenous drug abuse, began seeing internist James Agresti, who prescribed Suboxone to Scavetta. After a colonoscopy revealed multiple polyps, including one that was too large to remove, Scavetta was referred to colorectal surgeon Joel Nizin. A subsequent CT scan revealed a 1.9-cm lesion in Scavetta’s liver and an enlarged spleen, prompting the interpreting radiologist to recommend that Scavetta undergo an MRI of the abdomen. Although Nizin performed surgery approximately two weeks later, he did not investigate the lesion.

Approximately 13 months later, Scavetta saw blood in his urine. A CT scan and MRI revealed a 4.2-cm liver mass. Scavetta was subsequently diagnosed as having Stage IV hepatocellular carcinoma. He underwent chemotherapy and radiation but died of his disease almost three years later. Scavetta, 66, is survived by his wife and three children.

Scavetta’s wife, individually and on behalf of his estate, sued Nizin and Agresti, alleging failure to diagnose liver cancer. The plaintiff asserted that the defendants negligently failed to diagnose and treat Scavetta’s hepatitis C, which led to his liver cancer. Suit also alleged that the surgeon should have followed up on the radiologist’s recommendation.

Nizin argued that he had told Scavetta of the need for follow-up and the potential for cancer. Agresti denied that he served as Scavetta’s internist, arguing that had merely seen him for the purpose of prescribing Suboxone.

The parties settled for $1.4 million.

Citation: Scavetta v. Agresti, No. BER-L-002995-18 (N.J. Super. Ct. Bergen Cty. May 26, 2020).

Plaintiff counsel: AAJ member Paul M. da Costa, Roseland, N.J.

Plaintiff experts: Damian Laber, oncology, Tampa; Steven Goldin, general surgery, Port Charlotte, Fla.; Steven Papish, oncology, Florham Park, N.J.; and Jeffrey Freed, general surgery, New York City.

Defense experts: Gary Siemons, colorectal surgery, Voorhees Township, N.J.; and Charles Farber, oncology, Morristown, N.J.