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Michael B. Zerres
Medical Malpractice
Spring 2000

Attorney Michael Zerres, a Blume Goldfaden partner, recently won a $1 million settlement from pathologists who mis-diagnosed ovarian cyst tissues as benign when in fact they were cancerous. The delay in treatment resulted in a young woman becoming unable to conceive children.

Mr. Zerres 28-year-old client in 1992 and 1993 had ovarian cysts removed from her right ovary. On both occasions, the reviewing pathologists mistakenly diagnosed the removed cysts as benign.

In 1955, the client again developed a cyst on her right ovary. During an operation to remove the cyst, it broke open, leaking its contents into the woman's uterus.

Review of the cyst by a different pathologist revealed the presence of ovarian cancer, and because the cyst had burst and leaked its contents into the uterus, the surgeon removed both ovaries and later performed a hysterectomy.

A second review of the cysts removed in 1992 and 1993 revealed the presence of pre-cancerous cells. Mr. Zerres argued that had the proper diagnosis been made in 1992 and 1993, the surgeon could have removed only the right ovary, preserving the woman's ability to conceive.

As a result of the misdiagnosis of the removed cysts, the woman is now unable to have children, had to undergo chemotherapy, and is required to undergo hormonal therapy for the rest of her life. She fortunately has experienced no recurrence of the cancer, and her prognosis for the coming years is very good.

The pathologists who misread the 1992 and 1993 tissue specimens agreed to settle the case for $1 million.