$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 Volodina’s chance of survival, which was between 30% and 50%. The trial judge granted the plaintiff’s summary judgment on liability during the discovery process.

Before trial, the parties to this case reached a settlement of $4,750,000.

The attorneys successfully representing the Volodina family were Matthew R. Mendelsohn and David A. Mazie.

The plaintiff presented experts in internal medicine, pathology and economics. The defendant doctor submitted experts in pathology and oncology.

Markov v. Davessar, No. UNI-L-3807-14 (N.J. Super. Ct. Union County).

Kreisman Law Offices has been successfully handling misdiagnosis of cancer cases, wrongful death cases, medical negligence lawsuits, hospital negligence cases and birth trauma injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and its surrounding areas, including Oak Lawn, Chicago Ridge, Burbank, Stickney, Wilmette, Highland Park, Northbrook, Buffalo Grove, Prospect Heights, Schaumburg, Worth, Chicago (Lakeview, Lakewood Balmoral, Washington Heights, Roseland, Pullman, Lake Calumet, Hyde Park, Canaryville, Bridgeport, Pilsen, West Loop, Greek Town, West Town), Lemont, Morton Grove, Niles and Oak Park, Ill.

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