Articles Posted in Oncology Errors

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In this case of medical malpractice, the trial court refused to allow the plaintiff to name a pediatric oncologist as one of her expert witnesses. The plaintiff, Kelli Boehle, used what is called a “strategic voluntary dismissal” in order to name a new additional expert. Right after refiling the case under Section 13-217 of the Illinois Code of Civil Procedure, Boehle listed the same pediatric oncologist that the trial court had originally denied as being tardy.

The defendants relied on Illinois Supreme Court Rule 219(e), which lists a set of authorized consequences for “refusal to comply” with discovery/pretrial rules and orders. They moved to bar Boehle from using the oncologist as an expert in the refiled case.

Although the trial judge denied the motion because Boehle had not engaged in any sanctionable conduct in the first case, the judge certified two questions for immediate review under Illinois Supreme Court Rule 308. Both questions raised to call for yes/no answers focused on whether Rule 219(e) should be interpreted to “prevent Boehle from naming the oncologist as one of her experts in the revived litigation.
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Peter Sfameni, 55, stopped taking Warfarin before he underwent a colonoscopy and chose not to resume taking the medication after the procedure. He developed lower back pain, fatigue and weight loss, which prompted a trip to Rhode Island Hospital’s emergency room. He was admitted to the hospital, underwent a bone marrow biopsy and was scheduled for a lymph node biopsy. He was discharged with instructions not to take his blood thinners until a week after the upcoming lymph node biopsy.

Sfameni developed severe blood clots in his legs and lungs before the date of the biopsy. Sfameni returned to the hospital where doctors diagnosed gangrene in his right leg, which required an above-the-knee amputation.

Sfameni spent five months in the hospital, followed by four months in rehabilitation. He now uses a prosthesis and experiences constant phantom pain, anxiety and depression.
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A Cook County jury signed a verdict after answering a special interrogatory in this medical malpractice case related to the prescription of a drug Adriamycin, which is given to cancer patients for chemotherapy and is known to cause heart damage as one of its risks.

The special interrogatory given to the jury was: “Do you find that the conduct of Dr. Weyburn (the oncologist), as set forth in the (jury) instructions was negligent and that such negligence was a proximate cause of Beata Gorgon’s injuries?”  The answer given by this jury was “No.”

Beata Gorgon, 44, presented to the defendant Dr. Thomas Weyburn, an oncologist, in August 2008 for treatment of Stage 3 breast cancer. Dr. Weyburn prescribed Adriamycin for the chemotherapy regimen. Dr. Weyburn contended in this lawsuit that he ordered an echocardiogram for Gorgon prior to the start of the delivery of the Adriamycin and then elected to start giving the drug before she underwent the test.

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