PITTSBURGH – An Altoona couple have voluntary removed two University of Pittsburgh Medical Center entities and replaced them with another, in litigation claiming the defendants failed to follow up on the wife-plaintiff’s initial diagnosis of adenopathy, which she said led her to develop late-stage thyroid cancer.
Sandra Collazo and Roberto Collazo Jr. first filed suit in the Allegheny County Court of Common Pleas on Aug. 14, 2023 versus University of Pittsburgh Medical Center (doing business as “UPMC”), UPMC Altoona Family Physicians, Amanda Cattoi, M.D. and Pranay Chander, M.D. All parties are of Altoona.
“On July 2, 2018, Sandra Collazo, then 36 years old, presented to the Emergency Department of UPMC Altoona Hospital in Altoona, PA with complaints of back pain. Mrs. Collazo was referred for an MRI of the thoracic spine, the results of which demonstrated an incidental finding: ‘Adenopathy is identified on the right measures approximately 1.7 x 1.8 cm in size and in the other is seen measuring up to 1.3 cm in size as a level 3 and supraclavicular lymph nodes.’ The interpreting radiologist interpreted this finding as supraclavicular adenopathy, a condition in which lymph nodes of the neck are swollen. Supraclavicular adenopathy is associated with a high rate of serious underlying disease, including malignancy,” the suit stated.
“The following day, on July 3, 2018, Sandra presented to defendant Pranay Chander, D.O., a resident physician with defendant UPMC Altoona Family Medicine, a primary care practice in Altoona, PA that trains resident physicians. Upon information and belief, at all relevant times hereto, Dr. Chander was being overseen and managed by defendant Amanda Cattoi, M.D., a primary care physician, who the records indicate ‘had the primary medical responsibility for the care of this patient.’ Mrs. Collazo followed up with Dr. Chander regarding the previous day’s Emergency Department visit and raised the incidental finding of supraclavicular adenopathy to him. Dr. Chander assured Mrs. Collazo that this finding was not concerning. He further conducted an examination of her neck, which did not reveal any palpable masses. Based on Dr. Chander’s medical advice and assurances, Mrs. Collazo reasonably believed that this incidental finding was of no concern.”
The suit continued that on several occasions afterwards, Mrs. Collazo raised the issue of swollen lymph nodes and/or the incidental finding to additional primary care providers of UPMC Altoona Family Medicine, including resident physicians, Joseph Sumereau, D.O. and Mohammad O. Bukhari, D.O., but these providers did not further explore, investigate or otherwise manage her complaints.
On Sept. 7, 2021, Mrs. Collazo then presented to the Emergency Department of UPMC Altoona Hospital with complaints of rib pain, and an abdominal CT scan showed a subpleural nodular density measuring 1.1 cm in the right lower lobe. Additional CT and PET scan imaging was recommended.
“On Sept. 13, 2021, Mrs. Collazo presented to her then-primary care provider, a resident physician with Altoona Family Practice, and she was subsequently referred for an ultrasound to image palpable nodules on her neck. On Oct. 13, 2021, Mrs. Collazo was referred to UPMC Altoona Station Medical Center for an ultrasound of her neck, which revealed a complex solid mass of the right inferior neck measuring 5.0 x 2.5 x 3.1 cm. The mass was located outside of the thyroid gland. Additionally, the ultrasound revealed a solid mass of lateral right thyroid gland, measuring 1.8 x 1.0 x 1.5 cm, which was believed to represent an enlarged lymph node and was suggestive of malignancy,” the suit said.
“On Nov. 11, 2021, Mrs. Collazo underwent an ultrasound-guided fine needle aspiration biopsy, the results of which contained positive malignant cells indicative of carcinoma and metastatic medullary thyroid carcinoma, a distinct thyroid carcinoma that originates in the parafollicular C cells of the thyroid gland. This metastatic disease was further confirmed on a Dec. 28, 2021 PET scan. On Jan. 17, 2022, Mrs. Collazo underwent a total thyroidectomy at Penn State Hershey Medical Center in which her entire thyroid was surgically removed. The post-operative pathology was positive for Stage IV medullary thyroid cancer, demonstrating that Mrs. Collazo had metastatic disease that had spread to other parts of the body. To date, Mrs. Collazo continues to live with persistent, metastatic, Stage IV medullary thyroid cancer.”
The suit maintained that Drs. Chander and Cattoi “knew, or reasonably should have known, of the high likelihood of malignancy associated with a radiographic finding of supraclavicular adenopathy and of the need for further clinical exploration, management, and/or referral to a specialist”.
As a result of the events in question, the suit said Mrs. Collazo suffered Stage IV Thyroid Cancer, necessity of extensive and total thyroidectomy, increased likelihood of recurrence, significantly diminished life expectancy, significant past and future pain and suffering, embarrassment, humiliation, disfigurement, loss of life’s pleasures, past and future medical and medically related expenses and past lost earnings and loss of future earning capacity.
The defendants filed an answer in the action on Dec. 13, 2023, which denied the plaintiffs’ substantive allegations and provided new matter on their own behalf.
“The injuries and damages alleged to have been sustained by plaintiffs are the result of pre-existing medical conditions and/or other causes beyond the control of these defendants. The injuries and damages alleged to have been sustained by plaintiffs were the result of natural or unknown causes, and not as a result of any action or inaction on the part of these defendants. These defendants collectively raise all defenses, immunities and/or limitations as set forth in the Pennsylvania MCARE Act,” the new matter stated.
In response, the plaintiffs denied the defendants’ new matter as a conclusion of law to which no responsive pleading is required, in a filing the very next day.
UPDATE
On May 22, the parties agreed, through mutual stipulation, to dismiss defendants University of Pittsburgh Medical Center (doing business as “UPMC”) and UPMC Altoona Family Physicians from the case without prejudice, while simultaneously substituting UPMC Altoona as a named defendant in their place.
“It is hereby stipulated and agreed, by and between the undersigned counsel for all parties that, at all times, defendants, Pranay Chander, D.O. and Amanda Cattoi, M.D., were providing care and treatment to Sandra Collazo, including the care and treatment that she received at UPMC Altoona Family Physicians as described in plaintiffs’ complaint and as reflected in the medical record. It is further stipulated that: (1) Drs. Chander and Cattoi were employees of UPMC Altoona and not UPMC Altoona Family Physicians; and (2) that the care and treatment described in plaintiffs’ complaint, and as reflected in the medical record, was provided in the course and scope of Drs. Chander and Cattoi’s employment with UPMC Altoona,” the stipulation stated.
“It is hereby further stipulated and agreed that, at all times relevant hereto, the UPMC self-insurance program provided professional liability insurance for Drs. Chander and Cattoi relative to any incidents that are the subject of this action. It is further stipulated and agreed, by and among counsel for all parties, that defendants, University of Pittsburgh Medical Center (doing business as “UPMC”) and UPMC Altoona Family Physicians, are dismissed as party-defendants from this action without prejudice and that the action as to University of Pittsburgh Medical Center (doing business as “UPMC”) and UPMC Altoona Family Physicians is discontinued without prejudice. It is hereby stipulated and agreed, by and among counsel for all parties, that UPMC Altoona is added as a party-defendant to this matter retroactive to the initial filing date of this action.”
The stipulation continued that all of the allegations and discovery requests in the complaint directed to UPMC Altoona Family Physicians will instead be adopted by UPMC Altoona, and likewise, UPMC Altoona will file an answer and new matter to the complaint as amended.
“If any party learns through discovery or otherwise that Drs. Chander and Cattoi were not the agents of UPMC Altoona, or not covered by any policy of professional liability insurance provided by the UPMC self-insurance program, no party will object to the joinder of UPMC (doing business as “University of Pittsburgh Medical Center”), UPMC Altoona Family Physicians, and/or any other appropriate entity that may be joined as a defendant retroactive to the initial filing date of this action. It is further stipulated and agreed to that the caption of the case shall be amended accordingly to reflect the dismissal of UPMC (doing business as “University of Pittsburgh Medical Center”) and UPMC Altoona Family Physicians and the addition of UPMC Altoona,” the stipulation concluded.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the local arbitration limits, exclusive of interest, pre-judgment interest, and costs.
The plaintiffs are represented by David J. Caputo and Colin James Beisel of Youman & Caputo, in Philadelphia.
The defendants are represented by Justin M. Gottwald and Amanda N. Zagari of Dickie McCamey & Chilcote, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-009747
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com