Following a 2 week trial, Marc J. Falcone was successful in obtaining a defense verdict on behalf of a large metropolitan hospital and prominent radiation oncologist.
The case was venued in Richmond County and involved allegations that the defendant failed to perform necessary post-radiation imaging studies following treatment of larynx cancer. The patient’s cancer recurred two years later and a total laryngectomy was performed. Plaintiff argued that she could have avoided a total laryngectomy if the recurrence was diagnosed sooner.
The jury unanimously found that the defendant’s care was not a substantial factor in the plaintiff requiring a total laryngectomy.