Defense Verdict

On February 3, 2025, HPM&B Partner Denise Holzka obtained a unanimous defense verdict in Supreme Court, New York County in a wrongful death case after a two week trial. The decedent, a 52-year-old attorney and single mother of an adopted 12-year-old daughter, claimed that the defendant gynecologist failed to timely diagnose a mucosal vulva melanoma in January 2017 resulting in her death in March 2022. The decedent presented for an annual gynecological exam having not sought one for about eight years. On exam, our client documented a finding of a sebaceous cyst?/pimple that she subsequently testified was a 1 to 2 mm lesion on the upper-third portion of the decedent’s left labia majora. The defendant testified that she evaluated the lesion based on the “ABCDE” guidelines and concluded that the tiny flat lesion was not suspicious in that it was not Asymmetric, the Border was regular, non-scalloped and circular, the Color was even and amelanotic, Diameter was less than 6 mm and it was not Evolving as the decedent was unaware of its presence. The decedent denied being told by defendant that she should return if there were any changes, if she developed any symptoms or if it increased in size. To the contrary, the decedent testified through a recorded preservation video, that our client told her the lesion was benign, it was nothing to worry about and she did not need to schedule a follow-up visit. Next, the decedent returned to our client for an annual exam 14-months later with complaints of some bleeding and discharge. On exam, a 3 cm growth hanging from the left labia majora was identified by the defendant; it was removed and biopsied. The decedent was diagnosed with stage IIC mucosal melanoma that within 6-months advanced to Stage IV melanoma. The decedent was unable to tolerate the immunotherapies because of severe side effects and she succumbed to the disease in a hospice facility. The decedent’s estate maintained that it was incumbent upon our client to perform a biopsy at the initial visit in January 2017 or schedule a 3-month interval appointment to evaluate the lesion. In turn, the estate alleged that the decedent was deprived a substantial opportunity for a cure had the diagnosis been made earlier at stage 0 or stage 1 and the chance of a 5-year survival went from 77%/70% to less than 50% at the time of diagnosis. In closing, plaintiff’s counsel requested an award of approximately $15 million including $10 million for loss of guidance. While comparative negligence was included on the verdict sheet, the jury returned a verdict finding there were no departures on behalf of our client.