 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Christensen v. Philip Morris USA Inc.6/8/2005
sen] was due to get."
Christensen had the chest X-ray on April 27, 1998. It revealed a "5 x 8 mm nodule" in the left upper lobe of Christensen's lung, which was "not seen in 1995."
According to Ms. Kelly, her parents told her that the X-ray showed a "suspicious spot" on her father's lung, "but nothing at that point was diagnosed on his lungs." Nevertheless, she said: "When I hear about a spot on a lung, I would assume it was cancer." The following deposition testimony is pertinent:
[QUESTION]: Did your dad ever tell you that, you know, he was, he had any concerns about the spot being cancer?
[MS. KELLY]: I think he was concerned that it was cancerous, yes.
[QUESTION]: And why do you say that?
[MS. KELLY]: Because I believe that if he thought he had a spot on his lungs that it wasn't just there, it was cancerous.
[QUESTION]: And, then in your mind, was that something that could have been caused by smoking?
[MS. KELLY]: I related them, yes.
[QUESTION]: Do you know if your father also related them?
[MS. KELLY]: I believe he did.
At his deposition, Christensen described the medical testing he underwent between May and August of 1998:
During May, 1998, I had a physical examination and chest X-ray. I was informed by Dr. Bedon at the Greater Baltimore Medical Center that this testing showed that I had emphysema with a spot in my lung. In July of 1998 I underwent a sputum test and CT scan. On August 13, 1998 I underwent a cat scan guided needle biopsy performed by Dr. Cockey at Greater Baltimore Medical Center which established that the spot in my lung is cancer. Additional lymph node biopsies showed that my cancer is metastatic.
As indicated, Christensen's chest X-ray was "followed up" with a CAT scan (computed axial tomography) on May 6, 1998. It "revealed a 1.5 by 1.5 centimeter right paratracheal node and a 3.3 by 2.7 centimeter pleural based mass within the right lobe superior segment." Thus, while the chest X-ray found a "nodular problem" in the left upper lobe, the CAT scan "showed a mass in the right lobe." Dr. Shorofsky discussed the results of the CAT scan with Mr. Christensen on or about May 6, 1998, but he (the doctor) did not recall the particulars of the discussion. The doctor noted that he "probably" told the Decedent that he "possibly" had lung cancer, and advised Christensen to see a "pulmonary specialist for further testing."
While Dr. Shorofksy "was very worried about cancer," he maintained that he would not have made those concerns known to Christensen. Conceding that he "would have been very surprised" if Christensen did not have cancer, the doctor added: "I've been surprised before." He also testified: "I point out to patients that until we really know, we don't know. So I try to give some hope that it might be something else, which sometimes it happens."
When questioned about his discussion of the CAT scan results with Christensen, Dr. Shorofsky stated:
What I recall again is when I get the results of the CAT scan like that, when I get a result of a chest X-ray that shows something, I talk to the patient, saying that listen, the chest X-ray showed something. You got to understand an X-ray is just a confluence of shadows. There might be something there, there might not be something there. We've got to do more specific tests.
When I got the results of the CAT scan I probably told him well, there is something specific there and we really have to look into it further, and that's why I'm sending you to the pulmonary specialist. But again, the way I usually do it is to ra
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|