Curreri v. Isihara
952 N.E.2d 393
Mass. App. Ct.2011Background
- Plaintiff filed medical malpractice suit (and related claims) against Isihara, Roach, and Harvard Vanguard for failure to diagnose Curreri’s cancer.
- Trial court granted directed verdict, ruling loss-of-chance proof insufficient for jury submission.
- Plaintiff sought relief under Matsuyama’s loss-of-chance doctrine after a 2008 Massachusetts decision.
- Key medical timeline: July 25, 2002 visit; August 28, 2002 ENT exam; September 2002 speech therapy; January 2003 second ENT; February 28, 2003 biopsy identifying metastatic nonsmall cell lung carcinoma.
- CT scan revealed masses; cancer ultimately staged as 3B; Curreri died August 10, 2004.
- Court addresses admissibility and sufficiency of loss-of-chance evidence and remands for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of loss-of-chance testimony on staging | Kadish’s loss-of-chance analysis admissible to show stage 2 or smaller | Testimony limited; no precise staging without imaging | Admissible stage-based testimony limited to no worse than stage 2 |
| Sufficiency of evidence for loss of chance | Evidence shows smaller tumor implies better survival; supports loss of chance | Without precise staging, evidence insufficient for Matsuyama damages formula | Remand for new trial; insufficient direct evidence as trial record stood |
| Impact of excluding testimony on outcome | Exclusion truncated essential evidence for loss-of-chance claim | Judge properly limited speculative testimony | Judgment vacated; new trial ordered |
Key Cases Cited
- Matsuyama v. Birnbaum, 452 Mass. 1 (Mass. 2008) (loss-of-chance recognized; probabilities used for damages)
- Gifford v. Spievack, 16 Mass. App. Ct. 488 (Mass. App. Ct. 1983) (testimony must rely on probabilities, not mere possibilities)
- Poirier v. Plymouth, 374 Mass. 206 (Mass. 1978) (probabilities required; not speculative in directed verdict)
- Renzi v. Paredes, 452 Mass. 38 (Mass. 2008) (loss-of-chance damages tied to probability of survival)
- Sacco v. Roupenian, 409 Mass. 25 (Mass. 1990) (stage inference acceptable without exact staging)
- Goffredo v. Mercedes-Benz Truck Co., 402 Mass. 97 (Mass. 1988) (expert opinion must rely on probabilities, not mere possibility)