$4.75 Million Settlement in Failure to Diagnose Stomach Cancer

Galina Volodina, a 42-year-old breast cancer survivor, complained of gastrointestinal pain. She underwent a stomach biopsy, which pathologist Dr. Kanta Davessar reported as being benign. About 14 months later, she developed a lesion in her uterus and was then diagnosed as having malignant signet ring cell carcinoma thought to have originated from her stomach. Despite chemotherapy, she died less than a year later. She had been an office worker making between $40,000 and $50,000 per year. She is survived by her husband and two minor children. Volodina’s family sued Dr. Davessar and her practice alleging that she chose not to timely diagnose a malignant stomach lesion at the time of the first biopsy. It was argued that had the defendants interpreted the biopsy correctly, she would have been diagnosed at Stage I or early Stage II, giving her an 80% chance of survival. The defense argued that the alleged delay in diagnosing and treating the stomach cancer did not affect…

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