SettlementBoard.com News, Articles and Information for Legal Junkies

Cancer Survivor Wins $1.9 Million in Settlement Against Staten Island Hospital

Back in 2001, sixteen-year old Evan Perez underwent surgery at Staten Island University Hospital to have a tumor removed from one of his ribs by pediatric surgeon Brian Gilchrist and Perez was assured that the growth was non-cancerous. Not only did it turn out that the growth was cancerous, but Gilchrist failed to remove all of it and the remaining tumor spread to three of Perez’ other ribs. Perez had to undergo additional surgery nine months later at a different hospital to have the new growth removed.

Perez, who has stated he has "scars all over my body," later filed a medical malpractice lawsuit against both Dr. Gilchrist and SIUH in part due to the cancer misdiagnosis. A settlement was agreed to with the help of Justice Joseph J. Maltese in which Gilchrist’s insurer would pay Perez $1.75 million with the hospital paying an additional $150,000.

Though his legal trouble may be over lawyers for Perez have noted that while their client is feeling better, and is continuing to undergo radiation treatment, his medical prognosis remains unclear. Staten Island University Hospital has wished Perez the very best through their spokesperson, but Gilchrist has yet to make any public statements.