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$2 Million Settlement In Suit Arising From Erroneous Genetic Testing

This was a negligence action brought by Jane Roe, a 48-year-old Ashkenazi Jewish woman with a remote history of right breast cancer that was successfully treated with mastectomy and chemotherapy. She is Con­sidered cured.

At the urging of her oncologist, at XYZ Hospital. Jane underwent genetic testing. Despite the fact that there were obvious problems with the laboratory con­trols used in Jane's genetic testing. it was erroneously interpreted as positive hy employees of ABC Corporation. The test was not repeated.

Believing that she carried the BRCAI mutation, Jane had her remaining breast, uterus and ovaries prophylactically removed. When Jane's parents were tested to determine which lineage carried the genetic mutation, they both tested negative. Jane's testing was then re­peated at an outside laboratory and it was determined that she did not have the mutation.

Injury: Plaintiff had her remaining breast, uterus and ovaries prophylactically removed.

Result: S2.000,000.00 settlement. ABC Corporation contributed $I,900.000.00. XYZ hospital contributed another $100,000.

Plaintiff's Expert Witnesses: Larry Brody, Ph.D., National Genome Research Institute, National Institutes of Health (developed the genetic test used), Washing­ton. D.C.; Wayne Grady. M.D., Ph.D., Medical Genet­ics, UCLA School of Medicine, Los Angeles, Cleveland, OH; Melvin Dimmer, M.D., Plastic Surgeon, Cleveland, OH; John F. Burke, Ph.D., Economist, Cleveland, OH

Defendant's Expert Witness: Gerald Feldman, M.D. Wayne State University, Detroit, MI.

Plaintiff's Attorneys: Charles Kampinski and Lau­rel A. Matthews of Charles Kampinski Co., L.P.A.. Cleveland, Ohio.

Roe v. ABC Corporation and XYZ Hospital, (Cuyahoga County Cleveland Ohio 2002)




Mar 1, 2002


Medical Malpractice

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