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John and Jane Roe v. ABC Radiologist, ABC Radiologist Group,

CDE Gastroenterologist, CDE Gastroenterologist Group, and XYZ Hospital

This was a medical malpractice action brought by John and Jane Roe. Mr. Roe

presented to Defendant, CDE Gastroenterologist in August, 1998 with gastrointestinal

symptoms including abdominal pain, nausea, regurgitation and heartburn. CDE

Gastroenterologist diagnosed him with gastroesophageal reflux and peptic ulcer disease.

At that time the question of a pancreatic lesion was first raised. In 1999, Mr. Roe’s

abdominal complaints worsened and there was an alteration in his symptomatology. A

CT scan was ordered by his family physician. This test was misinterpreted by

Defendants ABC Radiologist and ABC Radiologist Group as normal, when in fact there

are abnormalities in the pancreas.

Mr. Roe also had a documented, unexplained 30-pound weight loss. In

September, 2000, CDE Gastroenterologist ordered UGI contrast exam with small bowel

follow through. This study demonstrated “widening of the duodenal C-loop, rule out

pancreatic enlargement.” A CT scan with special attention to the pancreas was

recommended but was not obtained for 2 months. That CT scan, done in December,

2000, demonstrates a resectable mass in the head of the pancreas suspicious for

pancreatic cancer. Once again, this test was misinterpreted by Defendants ABC

Radiologist and ABC Radiologist Group as normal.

Despite the results of two discordant tests, and the fact that a life threatening

disease was one of only two options in the differential diagnosis, CDE Gastroenterologist

failed to follow-up with another imaging test.

Ultimately, in July, 2002, Mr. Roe was admitted to EFG Hospital where a repeat

CT scan was correctly interpreted as showing a 5 cm. pancreatic mass which at the time

was unresectable.

Mr. Roe has suffered extreme pain and suffering, has terminal disease, and will die

prematurely. Had his cancer been appropriately diagnosed in a timely fashion, as it should

have been, it would have likely been at an early, curable stage and he would have a normal

life expectancy.

Following jury selection, the case was settled for Two Million Seven Hundred

Fifty Thousand Dollars ($2,750,000.00).

Plaintiff’s Experts:

Mark H. Kogan, M.D., Gastroenterologist, San Pablo, California

Stephen J. Pomeranz, M.D, Radiologist, Cincinnati, OH

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

Plaintiffs Attorneys: Charles Kampinski, Laurel A. Matthews, and Douglas Bloom




Aug 25, 2004


Medical Malpractice

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