Simon v. Isaacson

DiBONA, J.,

This action arises out of the alleged failure of defendant, Dr. Howard Isaacson, to diagnose an incidence of breast cancer. The matter now before this court is a motion by defendant for judgment n.o.v. or a new trial, following a jury verdict for plaintiffs, Minna and Julius Simon, in the amount of $50,000 and $25,000, respectively. Preliminarily, it may be noted that no one denies that Minna Simon was stricken with breast cancer. The controversy centers on the issue of the failure to detect the malignant tumor and the question of whether metastatic cancer developed by reason of…