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Scholar's survivors sue doctors, hospitals
AP ^ | 5/20/5 | MARK PRATT

Posted on 05/20/2005 11:37:16 PM PDT by SmithL

BOSTON - The family of the late paleontologist and evolutionary scientist Stephen Jay Gould sued two Boston hospitals and three doctors Friday, alleging the famed author would still be alive if they had properly diagnosed his cancer four years ago.

The doctors all failed to recognize a 1-centimeter lesion on a chest X-ray taken of the Harvard professor in February 2001, according to Alex MacDonald, the lawyer for Gould's survivors.

Thirteen months later, when another chest X-ray was taken, the lesion had grown to 3 centimeters and the cancer had spread to Gould's brain, lungs, liver and spleen, MacDonald said.

"All of a sudden, it was like out of the head of Zeus, he's got fourth-stage cancer," Gould's wife, Rhonda Roland Shearer, said in television interviews Friday. Gould, 60, died 10 weeks later, in May 2002.

"We have a film that clearly shows a lesion that was missed by three doctors, and it should not have been," MacDonald said. "If it had been recognized, professor Gould would still be teaching at Harvard College today."

Gould's family is seeking unspecified damages in the lawsuit, which alleges negligence by the Dana-Farber Cancer Institute and Brigham and Women's Hospital, as well as Drs. Robert Mayer, Rebecca L. Dyson and Salvatore G. Viscomi. It was filed in Middlesex Superior Court in Cambridge.

Dana-Farber, where Mayer is director of the Center for Gastrointestinal Oncology, released a statement saying the charges are "misleading and inaccurate."

"The claims against Dr. Mayer, who is a medical oncologist, are without merit and there is simply no basis for holding him responsible for the alleged failure to diagnose" the cancer, the statement said.

Brigham and Women's, where radiologists Viscomi and Dyson worked, released a statement that said "the legal process is the appropriate forum to respond to the allegations."

Mayer did not immediately return a telephone message left at his office. A telephone number for Viscomi was not in service. A man who answered the telephone at Dyson's home in California said she would have no comment.

Gould had a long-standing relationship with Mayer dating to 1982, when Gould was diagnosed with another form of cancer, peritoneal mesothelioma, according to the lawsuit. Gould was cured of that illness and saw Mayer a number of times a year for cancer screenings, the lawsuit said.

Although Gould's original cancer was unrelated to the lung cancer that ultimately killed him, because of Gould's cancer history, doctors "would have a heightened duty to look for lung cancers," MacDonald said.

Gould's cancer history "was a literal flashing red light warning," according to the lawsuit. "That warning was inexplicably, negligently and ... grossly negligently ignored by the three defendants."

Gould became one of America's most recognizable scientists for his voluminous and accessible writings and his participation in public debates with creationists.

He also was at odds with other evolutionists for his suggestion that evolution proceeds in fits and starts, a pattern dubbed "punctuated equilibrium," rather than slowly over time.

Gould's book "The Mismeasure of Man" won the National Book Critics Award in 1982 and was No. 24 on the Modern Library's list of the 100 greatest English-language nonfiction works of the 20th century. His more recent popular books included "Dinosaur in a Haystack" and "Rocks of Ages: Science and Religion in the Fullness of Life."


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: attacklawyers; lawsuit; stephenjaygould; suesuesue
You just knew that Edwards wouldn't stay unemployed long.
1 posted on 05/20/2005 11:37:16 PM PDT by SmithL
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To: SmithL

Sounds like the family is dysfunctional -- angry and greedy.

Life is risky. They of all people, believing in random evolution, should know that.


2 posted on 05/20/2005 11:48:32 PM PDT by Kay
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To: Kay
You sound like Barbara Boxer. Everyone should be happy with 95% accuracy.

We expect more of doctors and pilots, no?

3 posted on 05/20/2005 11:58:50 PM PDT by OldFriend (MAJOR TAMMY DUCKWORTH.....INSPIRATIONAL)
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To: SmithL
The world is soo much better off without him. His attacks against mainstream Christianity were inexcusable. Retch!

Regretfully, he is in a very warm place these days.

4 posted on 05/21/2005 12:05:56 AM PDT by Windsong (FighterPilot)
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To: OldFriend

LOL!

Barbara Boxer is the queen of dysfunctional and litigation. She thinks that the ovum should sue the sperm for causing a pregnancy.


5 posted on 05/21/2005 12:07:55 AM PDT by Kay
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To: Kay
"They of all people, believing in random evolution, should know that."

Being the hypocrites they are, they could not (would not?) see the paradox in their theories on evolution contradicting their own theories of entropy. Anyone with half a gnat's brain can look at the mechanisms of cell respiration and even photosynthesis and see...SEE..that a designer's hand was at work, much like the handiwork of a clock maker.

What fools.

6 posted on 05/21/2005 12:08:51 AM PDT by Windsong (FighterPilot)
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To: Windsong

Agree. Blindness is the absence of Light, wouldn't you say?


7 posted on 05/21/2005 12:11:13 AM PDT by Kay
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To: PatrickHenry

ping


8 posted on 05/21/2005 12:14:15 AM PDT by stands2reason (It's 2005, and two wrongs still don't make a right.)
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To: SmithL

The effin' Death Tax sure does cream the estate.


9 posted on 05/21/2005 12:27:51 AM PDT by thegreatbeast (Quid lucrum istic mihi est?)
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To: SmithL

It's all Bush's fault.


10 posted on 05/21/2005 3:06:20 AM PDT by chainsaw
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To: Windsong
Anyone with half a gnat's brain can look at the mechanisms of cell respiration and even photosynthesis and see...SEE..that a designer's hand was at work, much like the handiwork of a clock maker.

I know. You know. Most people have a clue more or less. Big Evolutionary Science's reaction is to deftly define the question to be out of reach of their materialistic system of thought, then puffily pontificate that because the question is thus marked out of bounds, it can't be worthy of mindshare.

11 posted on 05/21/2005 3:10:23 AM PDT by The Red Zone (Florida, the sun-shame state and Georgia, the rotten peach, and Illinois the chicken injun.)
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To: stands2reason; SmithL
Thanks for the ping, but there's an earlier thread on this, and it has a far more informative title. That's the one I'll ping to.
Family of Stephen Jay Gould Files Wrongful Death Lawsuit.
12 posted on 05/21/2005 3:25:21 AM PDT by PatrickHenry (Felix, qui potuit rerum cognoscere causas. The List-O-Links is at my homepage.)
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