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Defense Verdict in Breast Cancer Suit

By Jennifer Batchelor
May 01, 2003

A jury ruled for the defense in a lawsuit in which the plaintiff had undergone a double mastectomy after learning that invasive cancer originating in her left breast had spread to 24 nearby lymph nodes. After a 9-day trial before Philadelphia Common Pleas Judge Sheldon Jelin in D'Orazio v. Parlee & Tatem Radiologic Associates Ltd., jurors deliberated for 2 1/2 days before delivering a verdict on April 27. The verdict relieved three radiologists and two hospitals of liability for plaintiff Shirley W. D'Orazio's alleged reduced chances of survival due to the advanced stage of the disease at the time of diagnosis.

Attorney Naomi Plakins of Plakins Rieffel & Ray in Doylestown, PA, represented defendant radiologist Henry Randolph Tatem III as well as defendant company Parlee & Tatem Radiologic Associates. Plakins characterized the case as a battle of the experts since the plaintiff and the defendants relied on experts to establish the applicable standard of care as well as causation.

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