Saturday, April 15, 2023

Death of Erika Zak after Botched Liver Ablation Triggered Trial against Sloan Kettering, Settles

 

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 11 – Erika Zak's battle against cancer and for a liver transplant was in the news until her death in 2019, and since.

  Now her husband's lawsuit against Memorial Sloan Kettering Cancer Center and Doctor Constantinos Sofocleous have come to trial.

 On April 3, 2023 U.S. District Court for the Southern District of New York Judge Lorna G. Schofield was presiding over the trial. Inner City Press went and covered it.

 Plaintiff Scott Powers was on the witness stand, recounting their visits to New York leading up to the botched liver ablation procedure.

A plaintiff's side tech in the front row worked two laptops to display photos of Erika, Scott and their daughter, identified in court as Loie but called L.P. in the court papers.  

  For a time the courtroom was full; then the group of students went down to the 5th floor classroom in 40 Foley Square to talk about the case.

More including analysis on Substack here

 On April 5, defendant Constantinos Sofocleous was on the stand, speaking directly to the jurors in response to direct examination questions.

On April 6, the charge conference at which counsel for Sloan Kettering argued that there was no evidence of "who did the vacuuming" and what type of compensation should be able to be considered.

On April 10, the final witness, contesting under cross examination the duty to disclose all possibilities including that of doing nothing. He said patients come to Sloan Kettering for expert advice after getting diagnosis everywhere. Next would be the charge, then the two closings, Judge Schofield said.

On April 11, just this: "Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial completed on 4/11/2023. Case settled. Court reporters present."

  The case was Powers v. Memorial Sloan Kettering Cancer Center et al., 20-cv-2625 (Schofield)

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