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$1.975 Million Jury Verdict Awarded Against Roxborough Memorial Hospital for Estate of Deceased Victim of Missed Cancer Diagnosis

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$1.975 Million Jury Verdict Awarded Against Roxborough Memorial Hospital for Estate of Deceased Victim of Missed Cancer Diagnosis

PHILADELPHIA, PA – November 6, 2014

On Tuesday, a Philadelphia jury handed down a $1.975 million verdict on behalf of the Estate of Rosalind Wilson against Roxborough Memorial Hospital and defendants Jeffrey Bruce Gellar, D.O., and Melanio Domingo Aguirre, M.D.

In 2007, Rosalind Wilson presented to the Roxborough Memorial Hospital with chest pain/shortness of breath, profuse sweating, nausea, and headache. A chest x-ray showed a nodule in the upper lobe of the patient’s left lung. The radiologist who reviewed the films, Dr. Barbara Goldman Robins, identified the nodule and recommended a CT scan of the lung to further identify the nature of the mass. The CT scan was never performed and Ms. Wilson was discharged from the hospital the next day. Her discharge papers instructed her to follow up with her primary care physician for hypothyroidism and hypertension but did not inform her of the nodule on her lung.

Twenty months later, Ms. Wilson was diagnosed with metastatic, stage IV lung cancer with symptoms from metastasis to the brain. On July 21, 2009, Rosalind Wilson died.

The jury found Roxborough Memorial and Drs. Gellar and Aguirre liable for the death of Ms. Wilson and each liable party will pay 33 1/3 percent of the nearly $2 million verdict. The plaintiff was also awarded delay damages that bring the total to $2,337,000. Delay damages begin the accrue one year after a claim is filed if a settlement is not reached.

Joseph L. Messa, Jr., along with co-counsel Matthew D’Annunzio and William Hill, represented Rosalind W. Sutch, the daughter of the deceased, in the Philadelphia Court of Common Pleas. The Honorable Fredericka A. Massiah-Jackson presided.

Joseph L. Messa, Jr. is an AV-rated attorney, listed in the Bar Register of Preeminent Lawyers. He is a member of the Million Dollar Advocates Forum and was named a Top 100 Trial Lawyer by The National Trial Lawyers. Mr. Messa is also an advocate of the American Board of Trial Advocates. He has been recognized as a Pennsylvania Super Lawyer from 2009 to 2014 and was selected to the Top 100 Pennsylvania and Top 100 Philadelphia lists for 2012 and 2013.

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