Discontinuance Obtained

Stephen V. Morello, Esq. was successful in having a claim discontinued against an internist who was accused of failing to timely diagnose brain cancer. Our firm’s client was the elderly plaintiff’s primary care physician for many years.  On June 26, 2012, she was taken to the emergency room by family members after suffering a seizure and confusion.  It was initially believed that she was suffering from a stroke but was later diagnosed with a Glioblastoma Multiforme (GBM).   In the emergency room, she reported a history of six months of bi-frontal headaches.  Our firm’s client had cared for the plaintiff on three occasions within that six month period and on one of them she had made complaints of headaches.  Mr. Morello filed a motion for summary judgment arguing that the plaintiff did not present on any of the visits with our doctor with the classic symptoms of a GBM, including debilitating headaches, nausea, drowsiness, blurred vision, personality changes and seizures.  Moreover, these tumors were almost universally fatal.  Even had our client diagnosed the plaintiff on the visit in which she complained of headaches, it would not have altered her treatment and prognosis.  After a motion for summary judgment was filed, the plaintiff agreed to voluntarily discontinue the action.