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Sellers and MacKenzie Obtain Defense Verdict for Pathologists

After a five day trial, Randy Sellers and Bob MacKenzie obtained a defense verdict in favor of two pathologists in a case arising out of a false positive interpretation of breast tissue. The plaintiff was scheduled for surgery after findings of a suspicious mass in the plaintiff’s left breast.  The scope of the surgery was contingent upon the interpretation of an intraoperative frozen section to be performed by the pathologists.  The pathologists reported to the surgeon that the frozen section reflected cancer.  The surgeon went forward with a unilateral mastectomy.  The following day, the pathologists after reviewing the permanent section, determined there was no cancer.  The plaintiff claimed at trial that the pathologists misdiagnosed the frozen section and the plaintiff underwent unnecessary surgery.

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