Conscious pain and suffering, loss of consortium for delayed cancer diagnosis

The case involved a physician’s assistant and two orthopedic spine surgeons who failed to follow up on a mass that was noted on a CT myelogram. Four months after the initial scan, the mass was noted to have doubled in size and was diagnosed by another clinician as cancer.

The case was tried only on conscious pain and suffering. The defendants vigorously defended the case on all fronts for three years and never made an offer to resolve the case.

The jury awarded money not only to the client but to her 85-year-old spouse for his loss of consortium. She had one surgery to remove the cancer, no chemo, no radiation, and she is cancer free today, according to plaintiff’s counsel.

Steven C. Hubris, counsel for the plaintiff, provided case information.

Type of action: Medical malpractice

Injuries alleged: Pain and suffering from a four-month delay in a cancer diagnosis

Name of case: Patricia Stoll and Ronald Stoll v. Michigan Orthopaedic Spine Surgeons, et al.

Court/Case no./Date: Oakland County Circuit Court; 21-188970; 05/22/2024

Tried before: Jury

Name of judge: Hon. Jeffery S. Matis

Demand: $600,000

Highest offer: $0

Verdict amount: $1,202,500

Most helpful expert: Christopher Schaffer, PAC

Insurance carrier: The Doctor’s Company

Attorneys for plaintiff: Steven C. Hurbis and Ariel B. Kellersohn, Detroit

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