Professional Negligence Law Reporter

Jonathan Jacoby, 29, underwent testing and was advised by orthopedic surgeon Peter Spohn that he required amputation of his left ring finger due to osteosarcoma, a condition that usually spreads to the lungs. Spohn also told Jacoby that a specimen from his finger was sent to the Mayo Clinic for final grading of the tumor. Jacob underwent the amputation. The next day, a bone pathologist reported that Jacoby had reactive periostitis, not cancer.

Jacoby sued Spohn and his group, Hazleton Professional Services, alleging medical negligence and failure to obtain informed consent. The plaintiff claimed that Spohn had recommended cancer treatment before receiving the bone pathologist’s report and failed to consult with an oncologist or hand specialist before performing the amputation. Suit did not claim lost income.

The jury awarded $1.2 million in compensatory damages against the defendants plus $300,000 in punitive damages against Spohn.

Citation: Jacoby v. Spohn, No. 2018-09981 (Pa. Ct. Com. Pl. Luzerne Cnty. Mar. 18, 2022).

Plaintiff counsel: AAJ members Melissa A. Scartelli, Rachel D. Olszewski, and Kristin A. Mazzarella, all of Scranton, Pa.