New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447

 

Case Title:                 Anonymous v. Anonymous                                          

 

County:                      Anonymous                                                                  

 

Date of Injury:          1994                                                           

 

Liability Facts:

           

            This is a medical negligence claim arising out of the defendant pathologist’s failure to recognize and report evidence of melanoma in his/her review of pathology from a skin lesion removed from the right leg of the plaintiff.  The plaintiff, a twenty-seven year old mother of two, underwent removal of a mass from her left rib cage and removal of a skin lesion from her right leg at the local hospital, both of which were sent for pathological examination by a physician, within the local hospital. The defendant doctor failed  to provide care in accordance with the accepted standards of professional practice among similar health care providers. As a result, the plaintiff’s condition, malignant melanoma, went undiagnosed for more than nine years thereby allowing the disease to grow and spread and resulting in advanced metastatic melanoma and a significant risk for recurrence of the disease.

                       

The spouse of the plaintiff suffered the loss of society, affection and services of his wife.

 

Plaintiff:        (1) Sex: Female  Age   36

                        (2)Sex: Male     Age   38 

 

Plaintiff’s Theory of Liability:

           

            The defendant doctor failed  to provide care in accordance with the accepted standards of professional practice among similar health care providers by failing to recognize and report evidence of melanoma in the right leg lesion, failing to recommend follow up evaluation and treatment, failing to consult with other physicians, and otherwise failing to exercise due care.

 

            The defendant doctor was an agent, employee, or a co-joint venturer with the defendant clinic, and was acting within the scope of their agency, employment, or joint venture.           

 

Defendants’ Theory of Defense:

 

            The defendants’ denied negligence and causation.

           

Injuries:

 

            The plaintiff has suffered and will continue to suffer substantial physical and mental pain, suffering and aguish, loss of earnings and earning capacity, a loss of enjoyment of life, a loss of opportunities, and she has and will continue to undergo costly and extensive medical care and treatment, and will probably suffer a premature death.

 

            The male plaintiff, has been caused to suffer the loss of society, affection and services of his wife, the female plaintiff.

 

           

                        Special Damages:       

                                                            Total Medical Expenses:        $          119,447.91

                                                            Non-Medical Expenses:          $          648,400.00

                                                            Total Special Dmaages:           $          767,847.91

 

Verdict/Settlement:

 

            The parties settled after suit but prior to trial for a confidential amount.

 

Counsel: 

For the Plaintiff:         Kevin F. Dugan, Esq. and Mark A. Abramson, Esquire

                                                Abramson, Brown & Dugan, P.A.

                                                1819 Elm Street

                                                Manchester, New Hampsh