MEDIA – A Delaware County woman says that negligence on the part of a host of medical professionals in the Crozer Health Care System led to her late husband’s cancer being missed in examinations, a disease he later passed away from.
Mary Cynthia King (Executrix of the Estate of Harry Hartman King III) of Chadds Ford filed suit in the Delaware County Court of Common Pleas on Oct. 4 versus Crozer-Keystone Health System entities, Damon R. Soeiro, M.D., Southeast Radiology, Ltd. of Crozer-Chester Medical Center Department of Radiology, Pulmonary Consultants, Inc., Pierre G. Frederique, M.D., Wei Bin, M.D., Donna Delfin, D.O. and Prospect Health Access Network, Inc.
“Plaintiff’s decedent, Mr. King, had regularly engaged defendant Delfin as his primary care physician. As part of this treatment relationship, Mr. King advised defendant Delfin that he had formerly been smoker for over thirty years. Plaintiff’s decedent also had a medical history that included Chronic Obstructive Pulmonary Disease (COPD), Obstructive Sleep Apnea (OSA) on and required the use of a CPAP machine with supplemental oxygen at bedtime,” the suit says.
“In 2017, defendant Delfin referred Mr. King to defendant Pulmonary Consultants, Inc., for treatment of his COPD and OSA. From 2017 until 2019, Mr. King’s COPD and OSA was treated by pulmonologist, defendant Dr. Bin and defendant Pulmonary Consultants, Inc. On March 12, 2018, Mr. King was seen at defendant Pulmonary Consultants, Inc.’s office by defendant Dr. Bin. Mr. King presented with significant oxygen desaturation. His oxygen saturation level on room air at rest was 90 percent and with exertion was 83 percent.”
King added that Dr. Bin then admitted Mr. King to Crozer Chester Medical Center for acute hypoxemic respiratory failure and subsequent tests revealed “a possible faint opacity within the right lower lobe”, interpreted by defendant Dr. Soeiro as “advanced centrilobular emphysema.”
“Notwithstanding, none of the defendants ordered any further tests or examinations of plaintiff’s decedent. No follow up or comparative tests or studies were ordered, including but not limited to a PET-CT scan. At no time following the March 12, 2018 CT scan did any of the defendant doctors advise plaintiff or plaintiff’s decedent that there was suspicion for malignancy in the aforementioned study,” per the suit.
“In the spring months of 2019, plaintiff’s decedent relayed to defendant delfin increased complaints of pain in his left chest secondary to increased coughing and fear of a fractured rib. On or about May 8, 2019, plaintiff’s decedent underwent a Chest X-Ray which revealed a ‘left upper lobe opacification measuring 3.6 x 3.5 cm is likely a neoplasm’ and a CT scan of the rest was required for further evaluation. On or about May 10, 2019, plaintiff’s decedent underwent a Chest CT with contrast which revealed a ‘highly spiculated left upper lobe pulmonary parenchymal mass measuring up to 5.1 cm, most in keeping with primary bronchogenic carcinoma, and there is a broad base of contact along the pleural surface with possible extension into the left chest wall.”
Thereafter, plaintiff’s decedent commenced significant and painful treatment, including chemotherapy and immunotherapy beginning in August of 2019.
The suit says that despite the aggressive attempts at treatment, the plaintiff’s decedent’s cancer metastasized and spread to his lymph nodes and ribs. The plaintiff’s decedent ultimately perished from stage 4 squamous cell carcinoma of the lung on Feb. 26, 2020.
For counts of survival, wrongful death, negligence, vicarious liability and corporate negligence, the plaintiff is seeking, jointly and severally, in excess of $50,000, plus interest, delay damages, costs of suit, as well as all damages legally appropriate at the time of jury trial.
The plaintiff is represented by James J. McEldrew III, Daniel N. Purtell and Marcus A. Washington of McEldrew Young Purtell, in Philadelphia.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2021-008373
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com