Motion for Summary Judgment Results in Stipulation of Discontinuance against GYN Oncologist in Action Involving Alleged Failure to Diagnose Recurrence of Ovarian Cancer

Senior Partner Jeff Lawton, Of Counsel Michael Clarke, Associate Evan Schnittman's obtained a successful discontinuance of an ovarian cancer case venued in Supreme Court, Monroe County. Plaintiff alleges that defendants failed to timely and properly diagnose a recurrence of ovarian cancer in a then 40-year old female patient resulting in her wrongful death.  Plaintiff specifically alleges that our gyn oncologist client failed to order periodic CT scans or MRIs, a referral to an oncologist, and repeat follow up appointments after removing a borderline non-invasive mucinous tumor in the right ovary.  In moving for summary judgment, we submitted an expert affidavit of a gyn oncologist who opined that the standard of care did not require periodic CT scans or MRIs because non-invasive mucinous cancers have a 95% survival rate or a referral to an oncologist because mucinous cancers are resistant to chemotherapy.  Our expert further opined that repeat follow up appointments with our client were not necessary because our client referred the decedent to the co-defendant ob/gyn for follow up care. Plaintiff’s counsel did not oppose our motion and agreed to a stipulation of discontinuance against our clients, which was executed by all parties.  The case continues against the co-defendant ob/gyn.