Defendant resisted disclosure until or- dered to do so by the Court. Re-examination of original slide showed “carcinoma in-situ with margins,” a con- dition with a 98% cure rate.


Allegations of Liability: Defendant coun- tered with multiple experts to support its position that original pathologist was cor- rect and that, even if he was not correct, Plaintiff died from another primary can- cer.


Injuries/Damages: “Melanoma, Clark’s Level IV;” Wide area excision was fol- lowed by lymph node resections and then amputations of part of the foot. Cancer metastasized to liver and lungs, causing death.


Plaintiff’s Expert(s): Barry Shmookler, M.D. (Pathology), Rockville, MD; Steven Krasnow, M.D. (Oncology), Rockville, MD; Bruce Hamilton, Ph.D. (Economy), Baltimore, MD


Defense Expert(s): George T. Murphy, M.D. (Pathology), Philadelphia, PA; Tho- mas B. Butler, M.D. (Oncology), Rockville, MD; Thomas Borzilleri, Ph.D. (Economy), Washington, DC


Verdict/Settlement: Settled for


$500,000.00 Insurance Company: Self-insured


Plaintiff’s Counsel: Donald F. Chiarello (MTLA member), Hochberg, Chiarello & Costello, Towson, MD


Defense Counsel: James Gleason, Rockville, MD


________


Janet Malory, Personal Representative of the Estate of Jamal Malory, deceased, and Markieta Malory, surviving mother of Jamal Malory v. University of Maryland Medical System Corporation Circuit Court for Baltimore City No. 24-C-98-410624


Facts: On March 15, 1996, two-year-old Jamal Malory was seen by his primary care doctor, Total Health Care in Baltimore, Maryland, for respiratory problems. During the course of the visit, Jamal be- came hypoxic and was sent by emergency ambulance to the University of Maryland Medical Systems (“UMMS”) for evalua- tion. Jamal was evaluated at the Pediatric


Spring 2000 Trial Reporter 27


Emergency Room at UMMS and dis- charged four hours later with a diagnosis of viral pneumonitis. The Plaintiffs main- tained that the standard of care required UMMS to admit Jamal Malory for ob- servation and treatment of his respiratory distress.


After a fitful night of whining and coughing, Jamal Malory was found in his bed by his mother, Markieta Malory, on the morning of March 16, 1996. Jamal was unresponsive, and efforts to resusci- tate him were not successful. An ambulance was summoned to take Jamal to UMMS. In their report, the ambu- lance personnel noted an acrid odor near Jamal’s mouth. Jamal was pronounced dead at UMMS. An autopsy determined that the cause of death was cardiac arryth- mia.


llegations of Liability: At trial, UMMS contended that Jamal’s death was due to poisoning. However, laboratory testing of Jamal’s blood, gastric contents and other fluids demonstrated no evidence of toxic ingestion.


Plaintiff ’s Expert(s): Eli Newberger, M.D. (Pediatrician); Richard Christoph (Pediatric Emergency Medicine)


Defense Expert(s): Charles King, M.D. (Pediatric Emergency Medicine); John Carroll (Pediatric Pulmonology); The Defendant also retained Yale Caplan, Ph.D. (Toxicology) and Grover Hutchins, M.D. (Pathology), but did not call these experts to testify at trial.


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