FAILED UTERINE CANCER DIAGNOSIS $4.1M

This was a medical malpractice action brought by Rita and Richard Radovanic. Mrs.

Radovanic presented to Dr. Nancy Cossler, an OB/GYN who was an employee of Mednet

Physicians, Inc., in March 1995 complaining of vaginal bleeding. At that time, she was 50 years

old, post-menopausal and taking hormone replacement therapy. Dr. Cossler performed an

endometrial biopsy. The report was read as showing atypia. Even though the pathologists were

unsure of their diagnosis, they had no further contact with Dr. Cossler. The report did include a

statement to do additional follow-up if clinically indicated. Dr. Cossler told Rita the biopsy was

negative and reassured her that she was fine.

Dr. Cossler admitted that had she known Rita had a cancerous or pre-cancerous

condition, she would have done a hysterectomy in March 1995 and Rita would have been cured.

Instead, despite Rita having bleeding intermittently over the next three (3) years, Dr. Cossler did

not do an appropriate work-up of her symptoms. Dr. Cossler claimed the pathology report was

negative or benign whereas the pathologists claimed it was positive and sufficiently put Dr.

Cossler on notice of either a cancerous or pre-cancerous condition.

In May 1998 because Dr. Cossler was out of town, Rita was seen by Dr. Timothy Barrett.

When Dr. Barrett reviewed Rita’s chart and saw her history of bleeding, he immediately ordered

another endometrial biopsy. This biopsy was read by a different pathologist who diagnosed

advanced cancer.

Rita underwent a total hysterectomy with removal of lymph nodes. She then underwent a

course of radiation therapy. Because of the three (3) year delay in diagnosis, the cancer

progressed to a much more aggressive form and metastasized, meaning Rita will probably die

from this disease.

The case resulted in a verdict for the Plaintiff, Rita Radovanic in the amount of Three

Million Eight Hundred Ninety Five Thousand Seven Hundred and Forty ($3,895,740.00) dollars

and for Plaintiff, Richard Radovanic in the amount of Three Hundred Ninety Four Thousand

Eight Hundred ($394,800.00) dollars, for a total of Four Million Two Hundred Ninety Thousand

Five Hundred and Forty ($4,290,540.00) dollars against Mednet Physicians, Inc.

Plaintiff’s counsel: Charles Kampinski, Christopher M. Mellino

and Laurel A. Matthews

Kampinski & Mellino Co., L.P.A.

Defendant’s counsel: David J. Hanna, Buckingham, Doolittle and Burroughs

Attorney for Mednet Physicians, Inc.

Anna Carulas, Roetzel & Andress

Attorney for Pathology Associates of University Hospitals

Plaintiff’s experts: Melvyn Ravitz, M.D., Manasquan, NJ, OB/GYN

David Schwartz, M.D., Atlanta, GA, Pathology

John F. Burke, Jr., Ph.D., Cleveland, OH, Economist

Defendant’s experts: James F. Barter, M.D., Bethesda, MD, GYN/Oncology

Michael S. Baggish, M.D., Cincinnati, OH, OB/GYN

Christopher P. Crum, M.D., Boston, MA, Pathology

Peter Marcus, M.D., Dallas, TX, Pathology

John Hutzler, Jr., M.D., Akron, OH, OB/GYN

Brigitte Miller, M.D., Memphis, TN, Gynecologic Oncology