$4 Million Settlement
The family of Lynne Datema sued a laboratory and its director for medical malpractice, claiming they failed to properly interpret Datema's Pap smear. Datema died from cancer of the cervix at the age of 37.
In February 1998 Datema reported some unusual symptoms to her gynecologist at her annual visit. An examination revealed a lesion on her cervix, and a biopsy confirmed that she had cancer. Datema was referred to oncologists.
The oncologists concluded that the tumor was too large for surgery, and Datema underwent radiation and chemotherapy. By the end of 1999 Datema learned the cancer had spread to other parts of her body. She died Oct. 23, 2000.
The plaintiffs argued that it was extremely rare for a woman of Datema's age to die of cancer of the cervix. They claimed Metropolitan Reference Laboratory failed to interpret her 1994 Pap smear as abnormal.
The 1994 Pap smear was screened by a cytotechnologist according to industry practice. It was not sent to a pathologist for review because the cytotechnologist reported the smear to be normal. Experts for both the defendants and the plaintiffs agreed that the 1994 Pap smear was not normal.
Experts for the defendants claimed, however, that the number of abnormal cells was very low and that the presentation of the abnormal cells was unique. They argued the failure to identify their presence was not negligence.
The plaintiffs' experts contended that there were so many areas of abnormal cells on the slide that any reasonably competent cytotechnologist would have detected their presence and referred the smear to a pathologist. They would have testified that any reasonably competent pathologist would have called the cells atypical glandular cells of undetermined significance, a slightly atypical finding.
The plaintiffs intended to submit the case to a jury on the basis of the 1994 slide, asserting that if it was negligently screened, the failure to identify atypical cells caused a delay in the diagnosis of Datema's cancer.
Datema's medical expenses were $230,000. She had a Ph.D. in economics but was teaching only part time while she raised her children. The parties disputed the value of her future economic losses.
Type of Action: Medical malpractice
Type of Injuries: Death
Court/Case Number/Date: St. Louis City Circuit Court/not disclosed/ October 2002
Caption: Datema, et al. v. Metropolitan Reference Laboratory, et al.
Judge, Jury or ADR: Jury
Name of Judge: Patricia Cohen
Verdict or Settlement: $4 million settlement
Special Damages: $1.5 million economic loss
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorney for Plaintiff: Paul J. Passanante, Simon, Lowe & Passanante, St. Louis
Insurance Carrier: Not disclosed
Plaintiff's Experts: Dr. Don Bale, St. Louis (treating oncologist); Leroy Grossman, St. Louis (economist); Dr. William W. Johnston, Hillsboro, N.C. (cytopathologist); Dr. Jay Marion, St. Louis (oncologist); Dr. Carlos Perez, St. Louis (radiation oncologist); Dr. Dorothy L. Rosenthal, Baltimore, MA. (cytopathologist)
Defendant's Experts: Karen Allen, Omaha, Neb. (cytotechnologist); Dr. R. Marshall Austin, Charleston, S.C. (pathologist); Dr. Maureen Killackey, Cooperstown, N.Y. (gynecologic oncologist); Dr. Claire W. Michael, Ann Arbor, Mich. (cytopathologist); Dr. Sonya Naryshkin, Janesville, Wis. (cytopathologist); Dr. Mary Nielsen, Wichita, Kan. (cytopathologist)
November 11, 2002
