Benjamin Serico was 58 years old when he underwent a colonoscopy done by a colorectal surgeon, Dr. Robert Rothberg. Dr. Rothberg informed Serico that the test did not reveal any signs of colon cancer.
Two years later, Serico was diagnosed with having metastatic colon cancer; despite a treatment plan, Serico later died of the cancer. He had been an assistant professor and was survived by his wife and two sons.
The Serico family sued Dr. Rothberg, claiming that his choosing not to remove a polyp during the colonoscopy procedure and then failing to properly perform the test, led to the late diagnosis of cancer. The jury’s verdict was $6 million in favor of the estate of Serico and his wife for the wrongful death and medical malpractice.