Case Dismissal

HPM&B obtained a voluntary discontinuance for a major academic medical center in New York.

This was a wrongful death case brought by the spouse of a 58-year-old man who required a liver transplant.

Plaintiff claimed that the hospital staff negligently failed to properly screen and evaluate the donor’s liver for melanoma prior to the subject transplant procedure.  Following the transplant surgery, it was determined on pathology that the donor’s kidney had evidence of melanoma.  The decedent went on to develop liver cancer and passed away after approximately 15 months.

The defense established that there was no radiological evidence of melanoma on the screening ultrasound.  Further, the co-defendant surgeon was responsible for visually inspecting the surface of the liver prior to the transplantation.  Moreover, the donor likely had microscopic cancer cells below the surface of the liver that were undetectable via visual inspection or radiological imaging.

At the close of discovery, plaintiff voluntarily discontinued the case against our client.