Verdicts: Marshall L. Schwartz and Brett M. Littman Obtain Defense Verdict On Behalf of Surgical Oncologist in Philadelphia County

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Marshall L. Schwartz and Brett M. Littman Obtain Defense Verdict On Behalf of Surgical Oncologist in Philadelphia County

Marshall L. Schwartz and Brett M. Littman recently obtained a defense verdict in favor of a surgical oncologist in Philadelphia County. Plaintiff, who had previously been diagnosed with breast cancer, claimed that after undergoing a mastectomy and concurrent breast reconstruction, the defendant-physician negligently performed a biopsy on the radiated skin of her breast, causing the loss of a saline breast expander. Plaintiff further alleged that with the loss of this expander, she was deprived of the possibility of a meaningful reconstruction of her breast. The defense maintained that the biopsy was a necessary procedure to rule out a recurrence of cancer. Further, the loss of the expander was an accepted risk of the procedure, which could occur in the absence of negligence.

After a four day trial and a brief deliberation, the jury rendered a verdict in favor of the defendant.

 

 
 

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