Achieved a defense verdict following a two-week health care liability trial in Pennsylvania. The plaintiff brought a medical malpractice case against her gynecologist, a radiologist and a suburban Philadelphia hospital. The plaintiff claimed that the defendants failed to diagnose her ovarian cancer until it had developed to a Stage III.  Eleven months prior, an ultrasound performed at the hospital was interpreted by the radiologist as depicting two small cysts (one with a single septation) in the right ovary.  The radiologist did not make any recommendation for follow-up surveillance.  The gynecologist reviewed the radiologist's impression and interpreted the two small cysts as benign and not concerning.

Three months later, the plaintiff had genetic testing and was found BRCA1 positive.  The defendant gynecologist did not order a follow-up ultrasound or CA-125 testing.  Ultimately, the plaintiff underwent a prophylactic hysterectomy, and during that procedure, ovarian cancer (Stage III) was unexpectedly found.  The plaintiff's experts testified that the standard of care required a follow-up ultrasound within three months after the initial ultrasound.  The plaintiff's experts further testified that, had a follow-up ultrasound been conducted, the cancer would have been discovered at an earlier stage thereby increasing the plaintiff's chance of survival.  The defendants' experts testified that the ultrasound was correctly interpreted as benign and the standard of care did not require a follow-up ultrasound or CA-125 testing.  After deliberating only 35 minutes, the jury returned a verdict in favor of the defendants.