Lynne Sklar v. John Mann, M.D. Circuit Court for Baltimore County No. C9818112


Facts: Prior to January 1995, Ms. Sklar was a healthy 47-year-old, working full-time as a psychotherapist. In January 1995, Ms. Sklar began seeing Dr. John Mann as her primary health care provider. On that date, Dr. Mann found that Ms. Sklar had a lump in her neck. Dr. Mann diagnosed the lump as an enlarged cervical lymph node and told Ms. Sklar not to worry about it. Ms. Sklar’s enlarged lymph nodes per- sisted over the next three years.


In fact,


Ms. Sklar had enlarged lymph nodes on each and every one of the multiple visits she had with Dr. Mann over the next three years; however, Dr. Mann never took any action to evaluate and/or treat the en- larged lymph nodes and told Mrs. Sklar not to worry. On two occasions over those three years, other health care providers suggested to Dr. Mann that the enlarged lymph nodes should be evaluated but Dr. Mann did not do so. In March 1998, Ms. Sklar became ex-


tremely ill and requested admission to The Johns Hopkins Hospital. Dr. Mann was in charge of her care at Hopkins and was unable to diagnose Ms. Sklar’s condition. Finally, approximately ten days after she was admitted to Hopkins, a medical stu- dent suggested that Ms. Sklar’s symptoms may be consistent with lymphoma. Sev- eral days later, another medical student made the same comment. Ms. Sklar then underwent tests, which revealed that she was suffering from terminal cancer in the form of Non-Hodgkin’s Lymphoma. During trial, Dr. Mann admitted that medical textbooks state that enlarged lymph nodes that persist should be biopsied. In fact, at trial Dr. Mann was confronted with a renowned medical textbook written by his colleagues at Hopkins that states just that. At trial, Dr. Mann also was confronted with a textbook written by his partner, who is a lymphoma specialist, stating that adults with persistent enlarged lymph nodes should be presumed to be cancer until proven otherwise.


Injuries/Damages: Extensive pain and suffering and significant reduction of life expectancy 15 -20% possibility of 5 year survival due to the delay in the diagnosis of her cancer; would have had a 70 - 80% probability of cure if her cancer had been timely diagnosed.


Plaintiff’s Expert(s): Dennis Citrin (On- cologist), Chicago, IL; Alan Aisenberg, M.D. (Oncologist), Boston, MA


Winter 2000 Trial Reporter 39


Defendant’s Expert(s): Carl Freter, M.D. (Hematology and Oncology); Lawrence Lessin, M.D. (Medical Director of the Cancer Institute at Washington Hospital Center); Thomas Lansdale, M.D. (Assis- tant Professor of Medicine at Johns Hopkins Medical School and Chairman of the Department of Medicine at Greater Baltimore Medical Center); Ronald Geckler, M.D. (Professor of Medicine at the University of Maryland and Chairman of the Department of Infectious Disease at Mercy Medical Center)


Verdict/Settlement: $3,116,002 jury ver- dict ($2,500,000 pain and suffering; $201,865 past medical expenses; $414,137 lost wages)


Plaintiff ’s Counsel: Andrew G. Slutkin and Peter M. Rubin (MTLA Members), Slutkin & Rubin, LLP, Baltimore, MD


Defense Counsel: Bill Whiteford, Whiteford, Taylor & Preston, Baltimore, MD


Vehicular Negligence


D’Antonio, et al. v. State Circuit Court for Baltimore County No. 94CV00306/70/390


Facts: The defendant attempted to make a right turn from the left lane into the Towson University parking lot and struck the plaintiff’s vehicle which was in the right lane. After the defendant driver’s deposition, the State of Maryland offered


their $50,000.00 maxium coverage. A UIM claim was then presented against the plaintiff’s insurer, who denied it stating that a provision in the UM portion of an automobile policy specifically excluded self-insurers and government owned ve- hicles under the policy definition of “uninsured motor vehicles”.


The trial


court determined that such a provision was not void against public policy.


Allegations of Liability: The case was appealed to the Court of Appeals and was consolidated with West American Insur- ance Company v. Popa, et al. The Court of Appeals ruled in favor of the plaintiff. Thereafter, the case was settled prior to trial with Valiant Insurance Company paying $250,000.00.


Injuries/Damages: Injuries to the neck and back, resulting in cervical fusion


Plaintiff’s Expert(s): Thomas B. Ducker, M.D. (Neurosurgeon)


Verdict/Settlement: $300,000.00


Plaintiff ’s Counsel: Roger J. Bennett, (MTLA member), Horn & Bennett, Baltimore, Maryland


Defense Counsel: Thomas Faulk and James E. Sutton, Office of the Attorney General (for State of Maryland) Timothy E. Fizer, McNamara & Fizer (for Valiant Insurance Co)


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