Defense Verdict in New York County

Karen Grottalio and Ana Vizzo obtained unanimous defense verdict in a medical malpractice case involving allegations that the defendant gastroenterologist should have included lymphoma in the differential diagnosis and order a biopsy to rule out lymphoma.  The plaintiff, who was represented by one of New York’s top medical malpractice lawyers, claimed that this alleged failure resulted in a 2 ½ year delay in her diagnosis of small bowel lymphoma.  The plaintiff also contended that as a result of the deviation, the cancer metastasized to the regional lymph nodes and the heart, requiring six cycles of chemotherapy, radiation therapy, and reducing plaintiff’s life expectancy and increasing the risk of heart failure.

Ms. Grottalio and Ms. Vizzo successfully argued that the signs and symptoms were strongly suggestive of Crohn’s disease rather than cancer.  They demonstrated that soon after the diagnosis of Crohn’s disease, plaintiff was treated with Cimzia, a medication to treat Crohn’s disease, and a low dose steroid.  Plaintiff’s symptoms then improved dramatically, as confirmed by capsule endoscopy performed eleven months later.  Although it was not disputed that some form of lymphoma was also present, defense counsel successfully argued that plaintiff would have received the same treatment irrespective of the timing of the diagnosis.