Shannon v. Fusco

Respondents, the estate of Anthony Fusco and Anthony's surviving children and widow, filed survival and wrongful death actions against Petitioners, Dr. Kevin Shannon and his medical practice (together, “Dr. Shannon”) for failing to obtain informed consent for the administration of radiation therapy and a drug, Amifostine, to Anthony, Dr. Shannon’s patient. After a jury trial, judgment was entered in favor of Dr. Shannon. The court of special appeals reversed, determining that the trial judge erred in excluding that testimony of Dr. James Trovato, a pharmacist, as Dr. Trovato may have been qualified to offer an opinion due to his substantial experience studying and advising patients regarding oncology medications, including Amifostine. The Court of Appeals reversed, holding that the trial judge did not err in excluding Dr. Trovato’s testimony because, in his written proffer, Dr. Trovato simply enumerated the risks associated with Amifostine and did not opine about the likelihood and severity of the risks implicated in the administration of the drug. View "Shannon v. Fusco" on Justia Law