Lura, Zaharski Earn Defense Verdict for Defendant, Pathologist

 

A Cook County jury recently found in favor of a defendant pathologist and her employer, returning a Not Guilty verdict. The case was successfully defended by Anderson, Rasor & Partners, LLP, attorneys Mark J. Lura and Kristen J. Zaharski. Plaintiff M-49 underwent a left lower lung lobectomy at a Chicago hospital to remove a large abscess in the left lower lobe. The pathology specimen was interpreted by the defendant pathologist. The specimen showed extensive necrosis and infarction, which was consistent with bronchopneumonia. Plaintiff’s nonproductive cough resolved postoperatively, but it returned one year later. This led to additional testing and discovery of a new mass in the upper lobe of Plaintiff’s left lung, which exhibited similar pathologic findings. Plaintiff was ultimately diagnosed with lymphomatoid granulomatosis in May 2012 based on the May 2010 pathology specimen. He successfully completed R-CHOP chemotherapy and was in remission at the time of trial. He outlived his estimated life expectancy. The defense successfully contended that due to the extreme rarity of Plaintiff’s cancer, the defendant pathologist did not violate the standard of care in failing to diagnose the cancer in 2010, and nothing the defendant doctor did or failed to do caused or contributed to cause any injury to Plaintiff because he was cured.