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Staten Island Man Receives Settlement

By Ben Glass

A settlement has been reached in a medical malpractice case involving a man from Staten Island, New York who alleged that a doctor failed to remove all of a tumor, resulting in additional, more extensive surgery being necessary several months later.

Evan Perez was only 16-years-old when a lesion on one of his ribs was discovered by doctors in March of 2001.

Brian Gilchrist, the attending pediatric surgeon at Staten Island University Hospital removed the tumor in April of 2001, but according to Perez’s attorney, he failed to remove the entire tumor.

Perez’s attorney said that in spite of assurances otherwise, the tissue was discovered to be cancerous and spread to three other ribs.

Nine months later, Perez was required to undergo an additional surgical procedure, this time at Manhattan, New York’s Memorial Sloan-Kettering Cancer Center, to remove the growth in addition to four ribs on the right side of his body.

Though it is currently unknown whether or not Perez is medically in the clear, his legal ordeal that stemmed from the episode has ended.

Perez received a settlement totaling $1.9 million from Gilchrist and SIUH. The agreement was reached after the jury had been selected before Justice Joseph J. Maltese at the Stapleton home port annex of state Supreme Court, St. George.

Perez, who now resides in new Jersey, has also undergone radiation treatment. According to his attorney, he says he feels better, but his medical prognosis is still unclear.

According to Perez’s attorney, Gilchrist’s insurer will pay $1.75 million and SIUH will pay $150,000.

Originally posted at InjuryBoard by Ben Glass

Full post as published by Northern Virginia Personal Injury Lawyer on December 23, 2008 (boomark / email).