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Middlesex County, MA

In this medical malpractice matter, the plaintiff alleged that the defendant physician was negligent in failing to diagnose the plaintiff’s ovarian cancer despite an ultrasound showing a pelvic abnormality. The plaintiff was diagnosed with Stage III ovarian cancer. The defendant denied negligence, and maintained that the cancer was of rare form, and the delay in diagnosis did not affect the plaintiff’s prognosis.

The 41-year-old female plaintiff began treating with the defendant, a reproductive endocrinologist, when she was 35 years old. Over the course of a year, the defendant oversaw multiple fertility treatment that ultimately were not successful. As part of the fertility testing and treatment, the plaintiff underwent several pelvic ultrasounds which showed an area of abnormality. The plaintiff contended that the defendant was negligent in failing to pursue further diagnostic testing of this abnormality. After a year of unsuccessful fertility treatments with the defendant, the plaintiff changed facilities, where her new doctor performed a laparoscopic procedure to remove the area of abnormality. As a result, the plaintiff was diagnosed with Stage III ovarian cancer. The plaintiff brought suit against the defendant alleging negligence in failing to conduct further diagnostic testing of the abnormality, and failing to timely diagnose the ovarian cancer. The plaintiff contended that as a result of the delay in diagnosis, her prognosis has deteriorated, rendering her diagnosed incurable.

The defendant denied the allegations of negligence, and contended that the plaintiff suffers from a rare form of ovarian cancer, and the plaintiff’s prognosis is not at all affected by the alleged delay in diagnosis. The defendant claimed that the abnormality did not have any of the characteristics of cancer and appeared to be cystic in nature. It lacked thickened walls and lacked nodules.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff a total of $________ in damages, consisting of $________ for pain and suffering, and other general damages to the present, as well as $________ for pain and suffering and other general damages in the future. The jury also awarded $________ to her husband for loss of consortium together with interest.

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