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News- Verdicts/Successes
Announcements
|Verdicts/Successes
Mark Perry Wins Defense Verdict in Steuben County, New York, In Failure to Diagnose Breast Cancer Case
Mark successfully defended a hospital and health care system in upstate New York (Corning) after a week-long jury trial in Steuben County. Plaintiff alleged that the defendant plastic surgeon failed to order a preoperative mammogram prior to her breast reduction surgery in 2006. Approximately thirteen months later, in October of 2007, Plaintiff underwent a mammogram which identified a mass in the breast. Ultimately Plaintiff’s breast cancer metastasized to the lungs and was a Stage IV lung cancer at the time of trial. A six-person jury rendered a verdict on December 17th after hearing a week of testimony. The Defendants successfully argued that the plastic surgeon met the standard of care because the Plaintiff had a mammogram within twelve months prior to the breast reduction surgery. In addition, the defense argued that Plaintiff did not return for a scheduled post-operative office appointment, at which time the plastic surgeon could have ordered a follow-up mammogram once the breast tissue healed after the breast reduction surgery.
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