LEV SHEKHTMAN, ETC., plf-ap, v. ALLA SAVRANSKY, M.D., def-res, ALEXANDER SHVARTS, M.D. def

4801. LEV SHEKHTMAN, ETC., plf-ap, v. ALLA SAVRANSKY, M.D., def-res, ALEXANDER SHVARTS, M.D. def — Mark M. Basichas & Associates, P.C., New York (Aleksey Feygin of counsel), for ap — Mauro Lilling Naparty LLP, Woodbury (Katherine Herr Solomon of counsel), for res — Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered October 26, 2015, dismissing the complaint, and bringing up for review an order, same court and Justice, entered September 18, 2015, which, after a jury verdict against defendant Alla Savransky, M.D. in plaintiff’s favor, granted Dr. Savransky’s motion for judgment notwithstanding the verdict, unanimously affirmed, without costs.

Plaintiff’s decedent, Marina Marmur, while a patient of internist Dr. Savransky, was seen by gastroenterologist Dr. Alexander Shvarts, who conducted a colonoscopy and thereafter an endoscopy of Marmur. Upon observing polyps and other changes, Dr. Shvarts sent Marmur to Dr. Harry Snady, an interventionist radiologist, for a further upper endoscopy with internal ultrasound. All tests and biopsies came back negative for cancer, and Marmur was diagnosed with a hiatal hernia, reflux esophagitis, Menetrier’s disease, and H. pylori gastritis. From May of 2007 through October 2007, Dr. Savransky treated Marmur in accordance with the gastroenterologist’s plan, prescribing acid reducers and antibiotics. Marmur’s gastrointestinal symptomology initially lessened, but then increased, and Dr. Savransky referred her for further testing in October of 2007, which ultimately led to a diagnosis of stage IV gastric cancer.