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Defense Verdict in Breast Cancer Suit
A jury ruled for the defense in a lawsuit in which the plaintiff had undergone a double mastectomy after learning that invasive cancer originating in her left breast had spread to 24 nearby lymph nodes. After a 9-day trial before Philadelphia Common Pleas Judge Sheldon Jelin in D'Orazio v. Parlee & Tatem Radiologic Associates Ltd., jurors deliberated for 2 1/2 days before delivering a verdict on April 27. The verdict relieved three radiologists and two hospitals of liability for plaintiff Shirley W. D'Orazio's alleged reduced chances of survival due to the advanced stage of the disease at the time of diagnosis.
Attorney Naomi Plakins of Plakins Rieffel & Ray in Doylestown, PA, represented defendant radiologist Henry Randolph Tatem III as well as defendant company Parlee & Tatem Radiologic Associates. Plakins characterized the case as a battle of the experts since the plaintiff and the defendants relied on experts to establish the applicable standard of care as well as causation.
According to defendants' trial brief, D'Orazio underwent a series of routine mammograms from 1988 to 1998, when she was diagnosed with infiltrating lobular carcinoma. Lobular carcinoma is a relatively rare form of breast cancer, accounting for about 10% of all cases. It spreads by proceeding in a single-file fashion, resulting in fingerlike projections into normal tissue. The 1988 mammogram did not show any suspicious abnormality, the defendants' trial brief stated. Similarly, a 1990 mammogram, conducted at defendant Frankford Hospital-Torresdale Division in Philadelphia and interpreted by defendant radiologist Robert Bronstein, showed no suspicious abnormalities or changes, according to defendants.
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