Mark McAndrew and Evan Lyman secure a Defense Verdict

Mark McAndrew and Evan Lyman secure a defense verdict in Westchester County Supreme for a VLMM physician client, a breast surgeon.

The plaintiff’s claim was that, after successfully performing a bilateral mastectomy, the VLMM client surgeon failed to recommend Trastuzumab/Herceptin adjuvant therapy for Her-2 positive microinvasive breast cancer, and failed to recommend radiation for margins of less than 0.1 mm, allegedly resulting in a recurrence of the cancer with metastasis and progression to Stage IV invasive ductal carcinoma and requiring a complete take down of the DIEP reconstructed right breast, which could not be further reconstructed (as a result of radiation damage) leaving the plaintiff with a deformed right breast. Additionally, the plaintiff required a lengthy course of chemotherapy, biologics and other treatments. A claim of diminished life expectancy was also made.

At trial, VLMM was able to show that our client adhered to National Comprehensive Cancer Network (NCCN) Guidelines in making his recommendations for no adjuvant therapy of any kind.  After closing arguments, the jury took less than 30 minutes to deliberate and return a defense verdict in favor of the VLMM client.