A jury declined to award damages to a woman who claimed she underwent unnecessary stomach surgery after a biopsy specimen was misread.
Beverly Virgilio, then 67, was diagnosed with a kidney hematoma. A subsequent CT scan revealed an ulcerated gastric mass that was interpreted as highly suspicious for malignancy. An endoscopic ultrasound with fine needle aspiration biopsies was performed, and Suncoast Pathology cytopathologist Richard Whisnant interpreted the test as showing the presence of malignant cells. Ultimately, Virgilio opted for laparoscopic gastric resection. Plaintiff counsel alleged Virgilio’s FNA specimen became cross-contaminated with cancer cells from another female patient.
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