Obermayer Rebmann Maxwell & Hippel LLP’s Gary M. Samms obtained a defense verdict on April 15, 2011 in a Philadelphia Common Pleas Court for a surgeon in a negligence suit. The suit regarded a 58-year old woman who died of breast cancer. A jury deliberated for almost two hours before determining the woman was not untimely diagnosed.
The jury found in favor of the surgeon who performed an initial biopsy of the woman’s breast 13 months before the woman was diagnosed with the disease. The plaintiff had argued the doctor’s treatment of his wife was negligent and resulted in a 13-month delay in the diagnosis of her breast cancer. The plaintiff originally was seeking $2 million.
Mr. Samms stated the hospital where the defendant worked was let out of the case because it was clear the doctor was not an agent or employee of the hospital even if she performed the woman’s surgery there.
Mr. Samms is a partner and member of the firm’s Litigation and Healthcare Departments as well as the Intellectual Property Litigation Group. He has comprehensive experience in complex civil litigation matters; he has gained notoriety for his trial work and has twice been named as one of Pennsylvania's Top 100 Lawyers and one of Philadelphia's Top 100 Lawyers by Law & Politics Magazine. He has been named as a Pennsylvania Super Lawyer© in 2010, 2009, 2008, 2007 and 2006, an honor bestowed upon only 5% of Pennsylvania lawyers. He has previously been named one of "Pennsylvania's 50 on the Fast Track" in 2001 by his peers.
Click here to view the article regarding the case that appeared in The Legal Intelligencer(May 18, 2011):
A 58-year-old woman who died of breast cancer was not untimely diagnosed, a Philadelphia jury found, ruling in favor of the surgeon who performed an initial biopsy …