Law Offices of Ronald C. Burke

REQUEST A FREE CONSULTATION212-808-800824/7 EMERGENCY HOTLINE516-965-4370

Blog

Gynecologist Failure To Work Up Signs of Ovarian Cancer Causes Death - Queens Jury Award of $3M Trimmed By Appellate Court

Three years ago, a Queens County jury found that a woman in her 60's consulting with her gynecologist was not told that an ultrasound revealed the presence of suspicious fluid in the cul-de-sac which ultimately led to her premature death. The jury also found that the gynecologist departed from accepted standards in failing to order a CA 125 blood test (screening test for ovarian cancer) and in neglecting to refer his patient to a gynecologic oncologist. The jury agreed that the delay in diagnosing ovarian cancer diminished the patient's chance of a better outcome or increased the injury. The jury awarded $2,000,000 for the decedent's pain and suffering; $1,000,000 for past pecuniary loss sustained by her two adult children and $50,000 for both adult child's future pecuniary loss over the next 5 years.

On July 28, 2021, an appellate court agreed with the defense that the verdict was excessive - but only as to the $1,000,000 award given to the two adult children for past pecuniary loss of $500,000 each. The appellate court reduced one child's recovery to $250,000 and the other to $100,000 effectively reducing the verdict by $650,000.The court explained why these adult children were entitled to compensation: "In the case of a decedent who was not a wage earner, pecuniary injuries may be calculated, in part, from the increasing expenditure required to continue the services she provided, as well as the compensable losses of a personal nature, such as loss of [a parent's] guidance. Natasha Zamena Bacchus-Sirju v Hollis, 2021 WL 3178551

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!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top