. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.


DEFENDANTS' Medical Malpractice – Otolaryngology – Alleged negligent failure to conduct CT-scan when suspected benign growth seen in ear – One and a-half-year delay in diagnosing adenoid cystic carcinoma – Alleged more extensive surgery and heightened hearing loss – Recurrence – Radiation treatment – Patient in remission as of time of trial.

Orange County, NY

The plaintiff, in her early 40s, contended that the defendant ENT physician negligently failed to order a CT-scan when the plaintiff presented with pain in the right ear and when the defendant observed a narrowing in the ear canal. The plaintiff contended that the narrowing was caused by a malignant mass. The plaintiff maintained that the approximate one and a-half-year delay in diagnosing the cancer mandated more extensive surgery and a significantly greater one-sided hearing loss than otherwise would have been the case. The defendant denied being negligent.

The plaintiff also contended that the delay was a substantial factor in a recurrence of the cancer that necessitated additional surgery and the use of radiation treatment which would not otherwise have been required. The plaintiff has apparently remained cancer free as of the time of trial.

The defendant contended that all of the signs upon presentation reflected a benign growth, and that treatment other than ear drops was not indicated since the plaintiff’s symptoms did not increase. He maintained that the cancer could well have developed between the time of the alleged negligence and the diagnosis a year and a-half later.The jury found that the defendant was not negligent.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.