$1.9M in suit against doctor; Jury orders $1.9M award.

AuthorMurray, Gary V.
PositionNews

Byline: Gary V. Murray

WORCESTER -- A Worcester Superior Court jury returned a $1.9 million verdict Tuesday in a medical malpractice case involving a Spencer man who underwent chemotherapy and a stem cell transplant after being misdiagnosed with cancer in 2003.

The verdict was levied against Dr. James Rooney, chief of hematology/oncology at the St. Vincent Cancer and Wellness Center.

Dr. Rooney was the treating oncologist for Martin F. Harrity Jr. of Spencer, after Mr. Harrity was diagnosed with non-Hodgkin's lymphoma in 2003 at the age of 39, according to Karen L. Stern, the lawyer representing Mr. Harrity's estate.

Ms. Stern said Mr. Harrity underwent chemotherapy after the initial diagnosis and was later told his cancer was in remission. He was then advised that the cancer had returned and underwent another round of chemotherapy, according to Ms. Stern.

In 2006, Mr. Harrity underwent a stem cell transplant. Weeks after the risky transplant, doctors determined that Mr. Harrity had never had cancer at all, but suffered from an immunodeficiency disorder that mimicked cancer, according to Ms. Stern.

She said Mr. Harrity, who worked as a carpenter in the construction trade, "suffered all kinds of complications as a result of all the cancer treatment,'' and died in 2013 from those complications.

"This is a tragic case of a man whose quality of life and his life expectancy were shortened due to medical errors.

"We are pleased that the jury has sent the message to the medical community that they have an obligation of continuing care,'' said Ms. Stern, who represented the plaintiffs in...

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