August 25, 2015, PNLR E-Newsletter | The American Association For Justice Archive

August 25, 2015, PNLR E-Newsletter

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Negligent treatment of testicular cancer

Suit alleged that an oncologist negligently prescribed four courses of BEP chemotherapy when the patient should have had only three courses, resulting in bleomycin toxicity that led to his death. After the jury awarded about $1.3 million, the parties settled confidentially. Peters v. Drosick.

Kristopher Morgan was diagnosed as having testicular cancer and was given a good prognosis. Oncologist David Drosick prescribed four courses of BEP chemotherapy, which were administered over a three-month period. As a result of the treatment, Morgan developed bleomycin toxicity; this led to severe fibrosis of the lungs, which, in turn, led to bilateral lung collapse and death.

Morgan, 33, is survived by his parents and siblings.

Morgan’s estate sued Drosick, alleging he negligently prescribed four courses of the BEP chemotherapy. Based on Morgan’s low tumor markers, the plaintiff claimed, the defendant should have ordered only three courses of therapy, avoiding the risk of bleomycin toxicity. Suit did not claim lost income.

The jury awarded about $1.3 million. The parties later settled for a confidential amount.

Citation: Peters v. Drosick, No. 1300964 (Ohio Ct. Com. Pleas Hamilton Cnty. Apr. 2015).

Plaintiff counsel: AAJ members Michael J. Rourke and Jonathan R. Stoudt, Columbus, Ohio.

Plaintiff expert: Lawrence Einhorn, oncology, Indianapolis.

Defense expert: Nicholas Vogelzang, oncology, Las Vegas.