Legal•Info

Jury Awards $3.35 Million to Philadelphia Woman’s Medical Malpractice Suit

Posted: Monday, September 4th, 2017 at 11:18 pm

As a result of St. Mary Medical Centers delay in cancer diagnosis, a jury for a medical malpractice suit awarded a Bensalem woman $3.35 million in damages.

According to Philadelphia court records, after several days of trial a verdict of multi-million dollars was delivered against a Middletown hospital and a pair of radiologists.

The result of the trial found radiologist Dr. Roy M. Prager and Dr. Paul J. Weiser negligent in 2012 and 2013, when Ewa Kesicka’s breast cancer went undiagnosed in spite of the multiple mammograms showing questionable deposits or calcifications.

Since the 54-year-old woman’s cancer was over was not caught early she was eventually diagnosed in late 2013 with stage 3 breast cancer. Due to her advance cancer, she had to endure painful and invasive surgeries which could have been avoided said her Lawyer Rob Ross, of the Philadelphia-based firm Ross Feller Casey.

The postponement of treatment will also increase a woman’s risk of her cancer returning according to her attorney.

On Friday Ross said, “Now every day of her life she has to worry about when and if this cancer is going to come back.”

No immediate response to messages left on Friday from the defendants’ attorney. However, St. Mary Medical center was reached on Friday and although they did not provide a comment in regard to the verdict they did state in an email “as a matter of policy we cannot provide details about any specific patient.”

A suit was filed in August of 2014 on behalf of Kesickas’s by Ross, during the trial he argued that she received regular mammograms since 2009, when the first doctor first noticed calcifications. The growths were determined to be benign after more comprehensive exams were conducted, Ross said in transcripts for the trial.

Results from Kesickas series of mammograms conducted in 2012 and 2013, did not show evidence of cancer and the lawsuit reports that after both mammograms the only recommendations were an annual follow up. Dr. Prager wrote in 2012, “there is no mammographic evidence of malignancy,” according to the suit.

Kesicka, noted a lump in her armpit during a gynecologist visit in October of 2013, which lead to a number of screenings after her doctor noticed another lump in her breast. After several tests, the results showed Kesicka had stage 3 breast cancer.

 

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