Facts

In June 2007, the patient, 24, saw Roe OB/GYN with complaints of spotting over the previous month. An ultrasound was done and Roe OB/GYN noted uterine debris and indicated in his notes that he needed to rule out molar pregnancy. A quantitative serum hCG was drawn, revealing a result of 19,793.

The patient returned to Roe OB/GYN on June 11. A repeat quantitative hCG was drawn, revealing a result of 12,867. The patient returned again to Roe OB/GYN on June 15. An ultrasound was done, and Roe OB/GYN noted no intrauterine debris, normal endometrial stripe. She was not instructed to return to follow up monitoring.

The patient demonstrated signs of shortness of breath as of September 2007. By December 2007, she began coughing up blood.

On Jan. 26, 2008, the patient was admitted through the emergency department because of cough and pleuritic chest pain. A diagnosis of choriocarcinoma with lung and brain metastasis was made.

The patient began treating with an oncologist who administered multiple chemotherapeutic protocols. Her disease proved to be refractory and she expired on July 16, 2008.

Plaintiffs are the two surviving children of the decedent, ages 7 and 4.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that if one has diagnosed a molar pregnancy, or is suspicious of same, accepted standards of care require careful hCG monitoring over the ensuing 12 months, as a molar pregnancy evolves into a cancer 20 percent of the time.

Plaintiffs claimed that Roe OB/GYN's "rule out" was inadequate in that he assessed her hCG levels only on two occasions.

DEFENDANT'S CONTENTIONS:
Roe OB/GYN argued that in the absence of a firm diagnosis of a molar pregnancy, it was entirely reasonable to asses her hCG as he did, and be reassured by the significant decline in that value.

Roe OB/GYN asserted that it was not the June pregnancy, which evolved into the choriocarcinoma, but that decedent became pregnant at some point after June, and it was that pregnancy which was a molar pregnancy, which evolved into a choriocarcinoma, which took the decedent's life.

Roe OB/GYN also argued that the chemotherapy administered once the diagnosis was made was improper and inadequate.

Damages

The decedent was working as a dental assistant earning $12 per hour at the time of her diagnosis. It was alleged that she was preparing to go to school to be an RDA, and would soon have been earning $20 per hour. There was a testimony that the decedent aspired to be dental hygienist, who could have earned between $40 and $50 per hour.

Injuries

Death of the mother of two young girls.

Result

The case settled for $650,000 at mediation before Jay Horton, Esq.