Brooklyn Jury Awards $1M Against OB/GYN For Patient's Metastatic Ovarian Cancer Resulting In Death

On February 1, 2022, an obstetrician/gynecologist was found liable for failing to inform a woman that a negative endometrial biopsy does not explain continued postmenopausal bleeding and to return for follow-up if the bleeding continued. The plaintiff's expert testified that the OB/GYN defendant departed from accepted standards of care in failing to to perform a pelvic ultrasound of the ovaries and fallopian tubes. The patient died approximately two years after her last visit to the defendant's office. When discovered, the cancer was found in the patient's ovaries, uterus, vagina, omentum and liver. A radical hysterectomy, chemotherapy and radiation treatments proved futile.

The defense denied fault and argued that the patient was also at fault for neglecting to report her continued postmenopausal bleeding. The jury awarded $1,000,000 for pain and suffering to the Estate of the patient who passed away during the litigation. The jury found the defendant OB/GYN 60% at fault and the patient 40% at fault resulting in a net verdict to the family of $600,000. The decedent's daughter was denied any recovery for loss of parental guidance, presumably, in part, because of evidence that the daughter moved out of her mother's apartment after the cancer diagnosis. Estate of Quintero-Osorio v Holm-Chapman, M.D., 2022 WL 621540 

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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