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Scatamacchio v. Western Reserve Healthcare5/24/2005
JUDGMENT: Affirmed.
JUDGES: Hon. Cheryl L. Waite, Hon. Gene Donofrio, Hon. Mary DeGenaro.
{ } Appellant, Mariann Logozzo, administrator of the estate of Mary A. Scatamacchio, timely appeals an October 15, 2003 decision of the Mahoning County Court of Common Pleas. The court denied appellant's motion for judgment notwithstanding the verdict or in the alternative for a new trial following the defense verdict in her jury trial. For the following reasons, the trial court did not err in denying appellant's motion and we affirm the judgment in full.
{ } This matter arises from a medical negligence claim originally filed by the decedent relative to the alleged misdiagnosis of her malignant mesothelioma by appellee, Dr. Gary K. Segall. Dr. Segall, a pathologist, interpreted the tissue biopsy from decedent's tumor at Western Reserve HealthCare System, n.k.a. Forum Health, Northside Medical Center (also an appellee). Dr. Segall operated the pathology department at Northside. After Scatamacchio's death, her daughter, Mariann Logozzo, filed a wrongful death action. The two cases were consolidated for trial.
{ } Both sides presented certain expert medical testimony at trial. The jury rendered a unanimous defense verdict. Appellant asserts four assignments of error on appeal arising from the trial court's denial of her motion for judgment notwithstanding the verdict or for a new trial.
{ } The following is a summation of the evidence presented at trial.
{ } The decedent underwent a needle biopsy on October 30, 1996, after her pulmonologist detected a mass enveloping 80 percent of her chest cavity. Upon examining the biopsy slides, Dr. Segall diagnosed decedent's tumor as malignant mesothelioma. Decedent's clinicians relied on this diagnosis and advised decedent that she would die in less than one year and there were no available treatment options. Decedent previously had a tumor that was removed in 1974.
{ } Decedent's medical condition declined shortly after this diagnosis. She was suffering from congestive heart failure. Appellant Logozzo was advised that her mother had about one week to live; however, decedent was hospitalized for more than three months. She required a tracheostomy, a feeding tube, and a ventilation machine but was eventually released from the hospital on January 31, 1997.
{ } Decedent's condition gradually improved, and by June 1997, she was taken off the respirator. Based on this unexpected improvement, which was inconsistent with the October 1996 diagnosis, appellant's pulmonary specialist, Dr. Kartan, sought further testing of the initial biopsy slides. The slides were sent to the "preeminent" pathology experts at the Armed Forces Institute of Pathology for evaluation. This pathology review revealed that the tumor was probably a benign localized fibroid tumor. However, the report did not rule out malignancy; it indicated "questionable malignant."
{ } Appellant then took her mother to a physician in Pittsburgh. This doctor did not testify at trial, but according to appellant, he advised them that surgery was an option. However, he did not recommend surgery to her based on decedent's age and the extent of her health problems during the previous year. Decedent never pursued surgical options.
{ } In January 2000, decedent was hospitalized with pneumonia. She died on February 4, 2000.
{ } Appellant's first assignment of error asserts:
{ } "The trial court erred in denying plaintiff-appellant's motion for judgment N. O. V. And/or motion for new trial because the verdict of the jury was against the weight of the evidence."
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