should have been requested immediately following his admission.
Plaintiff’s Expert(s): Lewis J. Rubin, M.D. (Pulmonary and Critical Care); Scott Bartram, M.D. (Family Practice); Grover Hutchins, M.D. (Cardiac/Lung Pathology); Harold Palevsky, M.D. (Pulmonary and Critical Care); Louis Domenici (Internal Medicine); Howard Goldstein, M.D. (In- ternal Medicine); Thomas Borzilleni, PhD. (Economist)
Defense Expert(s): William Weisburger, M.D. (Pathology); Richard Matthay, M.D. (Pulmonary and Critical Care); Herbert Muncie, M.D. (Family Practice); Daniel Hardesty, M.D. (Internal Medicine)
Verdict/Settlement: Settlement for the Plaintiff for an undisclosed amount
Special Remarks: Extensive medical re- search was done by Plaintiff’s counsel with respect to the diagnosis and treatment of pulmonary emboli. With respect to each expert identified by the defense counsel searches were done with respect to both lit- erature as well as prior testimony.
This
information provided to be invaluable. In particular, one of Defendant’s experts had written a text which addressed a number of the medical issues in this case and contra- dictory testimony was obtained.
Plaintiff’s Counsel: Paul A. Turkheimer (MTLA Member), Meyers, Billingsley, Rodbell & Rosenbaum and Jerome A. Kuta, Esq., P.C.
Defense Counsel: Defense counsel does not wish to be identified
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Rachel Greisman, as Personal Representative of the Estate of Harvey Greisman, et al. v. Samuel Zygler, M.D., et al. Baltimore City Circuit Court, Case No.: 98237105/CC7380
Facts: Harvey Greisman was a patient of internist Milan Wister, M.D. when he gradually began to lose weight in 1991. In 1993 he developed an anemia. Dr. Wister treated him with iron supplements unsuc- cessfully for six months before referring him to a hematologist, Dr. Samuel Zygler, who diagnosed the patient as suffering from a bone marrow disease called
myelodysplasia. Eighteen months after the referral, in January 1996, Mr. Greisman was discovered to have renal cell carcinoma which had metastasized to his lungs. Mr. Greisman died in March 1997 at age 54, leaving his widow and 16-year-old mentally handicapped daughter. He had been a com-
Summer 2000 Trial Reporter 45
puter programmer at the Internal Revenue Service and would have gone into private software consulting work if the fatal cancer had not occurred.
Allegations of Liability: The plaintiffs al- leged that both the gradual weight loss and anemia were signs of an occult cancer in Mr. Greisman’s abdomen that warranted CT scan of the abdomen. Plaintiffs also sued a radiology group, Schultze, Snider & Associates, for failing to report calcifications seen on plain films in the area of the left kidney, which were caused by the kidney cancer.
Injuries and Damages: Metastatic kid- ney cancer, wrongful death at age 54, medical bills, loss of financial support, men- tal anguish of survivors, and decedent’s pain and suffering.
Plaintiff ’s Expert(s): James Studdiford, M.D. (Internal Medicine), Philadelphia, PA; Ronald Sacher, M.D. (Hematology), Washington, D.C.; Steven Oilman, M.D. (Radiology), Ridley Park, PA; James Stark, M.D. (Oncology), Portsmouth, VA; Gerald Sokol, M.D. (Oncology), Tampa, FL
Defense Expert(s): Daniel Hardesty, M.D. (Internal Medicine), Baltimore, MD; Judith Karp, M.D. (Hematology), Balti- more, MD; Michael Hill, M.D. (Radiology), Washington, D.C.; Michael Carducci, M.D. (Oncology), Baltimore, MD; Thomas Butler, M.D. (Oncology), Fairfax, VA; Patrick Loehrer, MD. (Oncol- ogy), Indianapolis, IN
Verdict: After a three-week trial, the jury returned a verdict of $2,010,000, broken down as follows: Medical bills: $150,000;
Funeral bills: $3,000; Loss of income: $190,000; Loss of retirement benefits: $67,000; Widow’s mental anguish and Loss of companionship: $250,000; Minor daughter’s mental anguish and loss of com- panionship and guidance: $750,000; Decedent’s pain and suffering: $600,000
Insurance Company: Princeton for Dr. Zygler and the radiology group. Medical Assurance of West Virginia for Dr. Wister. Princeton offered $350,000 just before trial on behalf of Dr. Zygler alone. The other carrier made no offer.
Special Remarks: Plaintiffs used graphics prepared with Microsoft PowerPoint and Visio 2000 to explain complex medical is- sues. Graphics were shown through a computer monitor and also poster board enlargements. Plaintiff’s counsel also used PowerPoint bullet slides for opening and closing statements.
Plaintiffs’ Counsel: Patrick A. Malone (MTLA member) , Stein, Mitchell & Mezines, Washington, D.C.
Defense Counsel: Roy Mason (for Dr. Wister), Annapolis, MD; William Whiteford (for Dr. Zygler), Baltimore, MD; Robert Goodson (for radiology group), Washington, DC.
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John Doe v. Roe Hospital Court/Docket: case settled before suit filed
Facts: In December of 1996, plaintiff pre- sented at defendant facility with complaints of left shoulder and arm pain and numb- ness. Plaintiff was admitted and various
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