DECISION: 1.5 million prior to jury selection

Rachel McCullough v. Stephen Matseoane M.D.; I.ouys Thomas, M.D.: Gail Besson, M.D.: Samuel Melamed, M.D.; and New York City Health & Hospitals Corporation

Dec. 9

New York Supreme

JUSTICE: Eileen C. Bransten



Cheryl A. Harris of Heidell. Pittoni. Murphy & Bach. New York for defense

FACTS AND ALLEGATIONS:

In 1998, Rachel McCullough, 55. a former New York State keyboard specialist. was referred by her internist to a gynecologist for evaluation of a cervical polyp. A biopsy revealed an endometrial polyp with focal atypical hyperplasia. Based on these findings. a hysterectomy was performed at Harlem Hospital. During the procedure, a frozen section was taken and sent to pathology. The pathologist advised the gynecologist on Sept. 25 of an incidental finding of microscopic multifocal carcinoma of the left ovary. a malignant form of cancer.

Based on the pathology findings re-exploration by staging laparotomy with biopsies and washings was recommended. However, the hospital contended that a second review of the pathology sketches revealed borderline papillary eysladenoina. which is a non-invasive condition. A surgical re-exploration by staging laparotomy was not performed.

In December 1999. Ms. McCullough sought treatment from a gastroenterologist for complaints of abdominal pain. weight loss and bloating. ACT scan revealed an abdominal mass. An oncologist in early 2000 diagnosed Ms. McCullough with stage-IV ovarian cancer, which is a terminal condition.

Ms. McCullough sued Dr. Stephen Matseoane, the doctor who treated her at Harlcm Hospital: Dr. Louys Thomas, the pathologist who found the carcinoma and later changed his diagnosis: Dr. Gail Besson, the gynecologist who sent her for the hysterectomy: Dr. Samuel Melamcd, her treating internist: and the New York City Health and Hospitals Corporation, which owns Harlem Hospital. During discovery, Ms. McCullough discontinued her claims against Dr. Besson. Dr. Melamed was let nut on stipulation.

Ms. McCullough claimed that the failure to carry our a re-exploration and staging procedure led to the delayed diagnosis of her ovarian cancer. The defendants contended that the standard of care was met.

The claims against Dr. Thomas and Dr. Matseoane were discontinued as part of the settlement, which was paid by New York City Health and Hospitals Corp. Ms. McCullough died approximately three months after the settlement was reached.