Florida Verdicts

Plaintiff(s):

Jon Michael Rowland (Male), 

Estate of Janice(deceased) Rowland (Female, 40 Years)

Plaintiff Attorney(s):

Elizabeth H. Faiella;
Elizabeth Hawthorne Faiella, P.A.;
Winter Park,
FL,
for
Jon Michael Rowland, Estate of Janice(deceased) Rowland

Plaintiff Expert(s):

Mark Brooker; M.S.; Cytopathology; Los Angeles,
CA called by:
Elizabeth H. Faiella ■ Dorothy Rosenthal; M.D.; Cytopathology; Baltimore,
MD called by:
Elizabeth H. Faiella ■ Richard Boothby; M.D.; Gynecologic Oncology; Lakeland,
FL called by:
Elizabeth H. Faiella ■ Frederick Raffa; Ph.D; Economics; North Palm Beach,
FL called by:
Elizabeth H. Faiella

Defendant(s):

Quest Diagnostics, Inc., 

Rosalia M. Moreno, C.T.

Defense Attorney(s):

Janice L. Merrill;
Marshall, Dennehey, Warner, Coleman & Goggin;
Orlando,
FL,
for
Quest Diagnostics, Inc., Rosalia M. Moreno, C.T.

Defendant Expert(s):

David Wilbur;
Cytopathology;
Boston,
MA called by:
Janice L. Merrill ■ Charles Dunton;
Gynecologic Oncology;
Wynnewood,
PA called by:
Janice L. Merrill ■ Lawrence Schwartz;
Radiology;
New York,
NY called by:
Janice L. Merrill

On July 1, 2011, Janice Rowland, 59, had a pap smear, a test for cervical cancer, in Tampa that came back negative. Rowland died in 2014 of cervical cancer. In May 2013, Rowland presented to her gynecologist with post-menopausal bleeding. A pelvic exam and abdominal ultrasound were normal. In December 2013, Rowland returned to her gynecologist complaining of pelvic pain, in addition to post-menopausal bleeding. A cervical biopsy was obtained which showed a poorly-differentiated adenocarcinoma with papillary serous features. Rowland was referred to a gynecologic oncologist, and on December 26, 2013, a positron emission tomography (PET) scan was performed. The PET results showed metastasis to the retroperitoneal lymph nodes and cancer in Rowland’s uterus. Despite radiation and chemotherapy, Rowland died in May 2014. Jon Michael Rowland, as personal representative of the estate of his wife, sued Quest Diagnostics, Inc., which processed Rowland’s medical slides and test results. The estate also sued Rosalia M. Moreno, C.T., the cytotechnologist who evaluated Rowland’s Pap smear specimens at the medical laboratory. The estate claimed Moreno misread Rowland’s July 1, 2011 pap smear test, failing to detect Rowland’s cancer. Prior to trial, the estate voluntarily dismissed Moreno from the case. Quest Diagnostics’ medical experts opined that the interpretation of Rowland’s July 1, 2011 Pap slide was correct and within the standard of care. They further opined that the type of cancer with which Rowland was diagnosed was aggressive and was not present in July 2011. They opined that the cancer was dormant for 2.5 years.

Rowland’s husband sought to recover damages for his pain and suffering and loss of companionship and society, as a result of the death of his wife.

The jury found Quest Diagnostics liable. The jury determined that the estate’s damages totaled $4,000,000.

Jon Michael Rowland: $4,000,000 Personal Injury: loss of comfort and pain and suffering

Judge:

Rex Barbas

Trial Length:

7
 days

Trial Deliberations:

3.5
 hours

Jury Composition:

4 male/ 3 female

Post Trial:

Quest Diagnostics, Inc. filed a motion for judgment notwithstanding the verdict and remittitur, a motion for mistrial, and a motion for a new trial. The motions are pending.

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.