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Kenneth Watkins is very knowledgeable in his practice of medical malpractice cases and extremely thorough in investigative information. Being a healthcare professor myself, I was ...

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Sommers Schwartz attorney Andy Dragovic recently obtained a medical malpractice and civil rights settlement on behalf of an 18-year-old man who lost a testicle while serving jail time after ...
  • Medical Malpractice – Ovarian Cancer Misdiagnosis Resulting in Unnecessary Chemotherapy and Hysterectomy: Traylor v Rochester Pathology, P.C., et al.

Sommers Schwartz attorney Richard Groffsky brought a medical malpractice claim alleging that the defendant pathologist misdiagnosed ovarian cancer in a 26-year-old woman, causing her to unnecessarily endure chemotherapy treatments and multiple surgeries, including a hysterectomy.

After consulting doctors about why she and her husband could not conceive, the plaintiff underwent several biopsies. The defendant pathologists determined that she likely had ovarian cancer. In 2017, she had a robotic-assisted bilateral ovarian cystectomy, radical tumor debulking, right salpingo-oophorectomy, omentectomy and cystoscopy, and colpotomy with closure. Post-operatively, the plaintiff was told the pathology reports showed she had Stage III ovarian cancer. She was not instructed to undergo any repeat testing. 

The plaintiff then had six rounds of chemotherapy, which caused significant side effects, including hair loss, nausea, and vomiting. She was not encouraged to seek a second opinion before beginning treatment. After sufficient time to heal, the plaintiff had IVF treatments and ultimately gave birth to a full-term baby in May 2019. 

In March 2020, the plaintiff began having abdominal pain. A CT scan showed a cystic mass in her pelvis, and she underwent surgery to remove her uterus and left ovary. The plaintiff was told the subsequent pathology report indicated her ovarian cancer had returned. As a result, the plaintiff had a second round of chemotherapy. Again, she was not encouraged to undergo repeat testing or seek a second opinion before beginning treatment. Like her previous treatments, she suffered numerous side effects.

The plaintiff and her family moved to California in January 2023 and began having abdominal pain. She consulted a Stanford University Cancer Center physician, who sent her for bloodwork and a CT scan and reviewed her medical history and pathology slides. In May 2023, the Stanford doctor informed her that she never had ovarian cancer and that all the tumors were benign cysts. 

The plaintiff alleges that, because of the defendant pathologists’ professional negligence and ovarian cancer misdiagnosis, she underwent unnecessary surgeries and 12 rounds of harmful chemotherapy. She continues to suffer tremendous physical and emotional damages and fears her life expectancy has been shortened. 

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