Professional Negligence Law Reporter
Medicine
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Failure to Diagnose Uterine Cancer After Hysterectomy
March/April 2019Rhonda Meredith, 47, underwent a hysterectomy to treat painful fibroid tumors. Pathologist Larry Mapow interpreted samples of tissue removed during the surgery as benign. Three years later, Meredith was diagnosed with Stage IV leiomyosarcoma, a soft-tissue cancer. Despite several rounds of chemotherapy, the cancer spread throughout her body, including to her lungs. She has a 15 percent chance of survival.
Meredith and her husband sued Mapow and the hospital, under a vicarious liability theory, alleging failure to diagnose uterine cancer. The plaintiffs claimed that there were abnormalities and signs of malignancy on the hysterectomy slides that Mapow failed to report, including an increased mitotic count, and that the pathologist should have recommended additional testing.
Suit did not claim lost income.
The defense argued that Mapow had met the standard of care.
The parties settled for $1.15 million.
Citation: Meredith v. Mapow, No. CUM-L-296-16 (N.J. Super. Ct. Cumberland Cnty. July 23, 2018).
Plaintiff counsel: Bruce Nagel and Susan Connors, both of Roseland, N.J.
Plaintiff experts: William Irvin Jr., gynecological oncology, Newport News, Va.; and le-Ming Shih, pathology, Baltimore.
Defense experts: Neil Rosenshein, gynecological oncology, Baltimore; and Robert Young, pathology, Boston.