Case details

Gynecologist contended tumor spread prior to surgery

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
On Feb. 22, 2007, Lynn Davis, an accountant in her 40s, underwent a laparoscopic surgical procedure to remove an ovarian mass. The procedure was performed by Dr. Jehuda Renan, a gynecologist, who was assisted by Dr. Wei-Chien Michael Lin, a gynecological oncologist, at Providence Saint Joseph Medical Center in Burbank. Intraoperatively, Dr. J.M. Esteban, a pathologist, reviewed a frozen section of the tissue removed at surgery and reported the results as negative for cancer. Shortly after the surgery, Esteban sought to obtain a second opinion from an out-of-state expert pathologist, who determined the mass to be an immature teratoma. Due to the conflict of expert opinion, Davis did not undergo a follow-up surgery until May 14, 2007, after a final diagnosis was reached. Following multiple surgeries and rounds of chemotherapy over a three-year period, Davis died on June 22, 2010. Davis originally filed a medical malpractice action against Lin, Esteban, and Renan, which was later transferred to a wrongful death action following her death. Esteban was ultimately dismissed on summary judgment, and Lin settled prior to trial. Thus, Breana Davis, acting as the successor in interest to her mother, Lynn Davis, continued the case against Renan only. A trial against Renan originally began on Feb. 28, 2011, and the jury rendered a defense verdict on March 15, 2011. Plaintiffs’ counsel subsequently moved for a new trial based on allegations of jury misconduct, and it was granted. Thus, the matter proceeded to a new trial against Renan. In the retrial, plaintiff’s counsel argued that an inappropriate surgical technique and delay in further investigation following receipt of the consulting pathologist’s reports resulted in metastasis and transformation of Lynn Davis’ original tumor into fatal rhabdomyosarcoma. Counsel contended that the teratoma needed to be removed intact by laparotomy, but instead was removed in pieces by laparoscopy, seeding the peritoneum with cancer. Counsel also contended that there was a delay of further intervention for two months while awaiting resolution of disputes concerning pathology. In addition, plaintiff’s counsel argued that Davis should have undergone immediate chemotherapy treatment, which was improperly delayed by a failure to appreciate the significance of the delay in diagnosis. Defense counsel argued that Renan brought in a consulting gynecological oncology surgeon, Lin, and properly relied on his advice for surgical approach and timing of subsequent care. Counsel contended that given the totality of the circumstances, including reviews of films, consults and a negative review of the frozen section intraoperatively, the surgical technique employed on Feb. 22, 2007, was warranted and that this surgical technique was within the standard of care. In addition, defense counsel argued that the tumor had already spread prior to the original surgery and that it was resistant to chemotherapy., Lynn Davis was ultimately diagnosed with a rhabdomyosarcoma and underwent a series of debulking surgeries following multiple courses of chemotherapy. She ultimately died on June 22, 2010. Davis’ daughter sought recovery of wrongful death damages, alleging that the departure resulted in metastasis and transformation of the original tumor into a fatal rhabdomyosarcoma. At the retrial, both counsel stipulated to $248,000 in medical specials, without any admission of liability, to obviate the need to have economists testify and prolong the trial. Plaintiff’s counsel did not specify an amount for general damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case