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RECENT RESULTS In recent years, Whitney & Bogris has resolved the following cases with zero indemnity payment on behalf of our clients: Death: · Voluntary dismissal of laboratory client in $1 million wrongful death case in Philadelphia County, Pennsylvania. The plaintiff alleged that laboratory's independent contractor pathologist failed to diagnose squamous cell carcinoma in sinus tissue, resulting in metastasis, disfiguring facial surgery and eventual death. · Voluntary dismissal with prejudice in Dauphin County, Pennsylvania, in a case alleging death due to the untimely reporting of blood test results. · Voluntary dismissal with prejudice in New Castle County, Delaware, in a case alleging death due to the untimely reporting of blood glucose test results. · Voluntary dismissal with prejudice in New Castle County, Delaware, in a case alleging death from melanoma as a result of alleged failure to timely report diagnosis. · Voluntary dismissal with prejudice in Philadelphia, Pennsylvania, in case of death from chronic myelogenous leukemia, allegedly due to improper reporting of HLA antigen test results. · Voluntary dismissal with prejudice, in Washington, D.C., in a case of death of a patient allegedly due to the untimely reporting of in-hospital CBC results. Cancer-Failure to Diagnose: · Defense verdict following a jury trial in the U.S. District Court, Eastern District of New York, and successful defense on appeal to Second Circuit in a case claiming melanoma metastasis due to the alleged failure to diagnose. · Defense verdict in Philadelphia County, Pennsylvania, in a case claiming melanoma metastasis/imminent death due to the alleged misdiagnosis. · Voluntary dismissal with prejudice in Morris County, New Jersey, in a case claiming melanoma metastasis with lymph node involvement due to an alleged failure to diagnose. · Voluntary dismissal with prejudice in Philadelphia County, Pennsylvania, in a case of melanoma metastasis due to the alleged failure to report diagnosis. · Voluntary dismissal with prejudice in Northampton County, Pennsylvania, in a case of breast cancer metastasis/almost certain recurrence based on the alleged failure to diagnose. · Voluntary dismissal with prejudice in Philadelphia, Pennsylvania, in a case of melanoma metastasis with lymph node involvement as a result of the alleged misdiagnosis. · Successfully convinced a co-defendant in Philadelphia, Pennsylvania to defend and indemnify a case involving alleged misdiagnosis of melanoma. · Voluntary dismissal with prejudice in Baltimore City, Maryland, in a case claiming prostate cancer due to an alleged failure to deliver PSA results. Serious Injury/Illness: · Voluntary dismissal of laboratory client in Chesterfield County, Virginia, action alleging failure to diagnose dangerously elevated potassium level, which resulted in kidney failure. · Voluntary dismissal with prejudice in Passaic County, New Jersey, in a case of potentially life-threatening infection due to an alleged misreporting of results. · Voluntary dismissal with prejudice in Washington, D.C., in a case of catastrophic injuries to infant due to allegedly incorrect amniocentesis and "triple screen" results. · Motion to Dismiss granted in Chesterfield County, Virginia, in a case claiming kidney failure due to allegedly untimely delivery of serum creatinine results. · Voluntary dismissal with prejudice in Charles County, Maryland, of a case alleging nerve damage due to venipuncture. · Defense judgment at arbitration (not appealed) in Bucks County, Pennsylvania in case alleging nerve damage due to venipuncture. False-Postive/Incorrect Reporting: · Voluntary dismissal laboratory client in $1 million defamation and negligence case in Russell County, Virginia, arising out of allegedly false-positive results of employee drug test reported to plaintiff's employer. · Following a six-day jury trial, achieved verdict in favor of laboratory client in Arlington, Virginia, January 2006. Co-defendant doctor and medical center found liable for damages in the amount of $1.2 million. This case involved allegations that failure to properly deliver printed report of PSA test results caused a 14-month delay in plaintiff's prostate cancer diagnosis, allowing for metastatic spread to bone and virtual elimination of any chance of cure and/or long-term survival. · Voluntary dismissal of suit in Russell County, Virginia, alleging that false-positive post-accident drug screening results caused plaintiff to be terminated from his coal-mining job as well as an inability to obtain other similar employment. · Summary judgment on all counts in New Castle County, Delaware, in a case alleging emotional distress of parents and suspicion of sexual abuse due to report of sperm in urine sample from female child. · Defense verdict following jury trial in Camden County, New Jersey, in a case alleging improper reporting of positive genital herpes results. · Voluntary dismissal with prejudice in the U.S. District Court, District of Massachusetts, in a case alleging report of false-positive HIV test. · Voluntary dismissal with prejudice in Montgomery County, Maryland in a case alleging billing dispute/malicious false credit reporting. · Motion to Dismiss granted in Washington, D.C., in a case alleging false/incorrect blood glucose test results. · Motion to Dismiss granted in the U.S. District Court, District of Maryland, in a case alleging false-positive employment-related drug test. Other: · Defense verdict following a jury trial in Arlington County, Virginia, in a case alleging sexual assault of a patient by phlebotomist. · Voluntary dismissal with prejudice in Kent County, Delaware, in a case alleging injuries due to slip & fall at Patient Service Center. · Summary judgment on all counts in Middlesex County, New Jersey, in a case alleging fainting-related injuries at Patient Service Center. · Motion to Dismiss granted in the U.S. District Court, District of Georgia, in case of conspiracy to discriminate/employment discrimination. |
