Barbara Y. Pschirer vs. Allegheny Health Network et al

Case Background

On February 19, 2020, Plaintiff Barbara Y. Pschirer filed a Medical malpractice lawsuit in the Pennsylvania State, Court of Common Pleas, Allegheny County (Case number: GD-20-002710 ). Judge Michael A. DellaVecchia presided over the case.

Cause

On February 20, 2017, 66-year-old Cheryl Pschirer visited St. Clair Memorial Hospital’s Emergency Department, complaining of a fast heartbeat upon waking. Dr. Julia M. D’Alo attended to her, ordered a portable chest x-ray, and discharged her before the results were available, instructing Cheryl to follow up with her primary care physician, Dr. Victoria Dunaevsky.

Radiologist Dr. Richard Foster later reviewed the x-ray, identifying a suspicious right suprahilar density, potentially indicating an infiltrate or mass. He recommended a follow-up two-view chest x-ray, but neither Dr. D’Alo nor Dr. Dunaevsky informed Cheryl or ordered further imaging, despite Cheryl’s known history of smoking, which increased her risk for lung cancer.

During her May 11, 2017 visit with Dr. Dunaevsky, Cheryl’s prior visit to the Emergency Department was noted, but the x-ray findings were not addressed. On September 13, 2017, Cheryl experienced acute vision loss in her left eye and sought care at Green Tree Medical Associates. Imaging revealed a large brain lesion and a right upper lobe lung mass. On September 29, 2017, a biopsy confirmed non-small-cell lung adenocarcinoma. By then, the cancer had metastasized to her brain.

Oncology initiated palliative chemotherapy, but Cheryl’s condition was advanced. She died on May 29, 2018, about 15 months after her initial x-ray revealed the suspicious lung mass, which went untreated due to failures in communication and follow-up care.

Injuries

As a result of the Defendants’ alleged negligence, Cheryl Pschirer suffered significant harm. A failure to follow up on her February 2017 chest x-ray caused a critical delay in diagnosing her lung cancer. This allowed the disease to progress from a treatable stage to an advanced, metastatic stage. During the seven-month delay, the cancer spread to her brain, worsening her prognosis and reducing her treatment options. Cheryl endured physical pain from the growing lung tumor and brain metastases, along with mental anguish upon learning of her dire diagnosis. The cancer’s progression also robbed her of the ability to enjoy normal activities and time with her family. Tragically, Cheryl passed away at 67, potentially losing years of her life due to the delayed diagnosis.

Damages

The plaintiff sought damages for pain and suffering, medical expenses, lost wages, and the loss of life’s enjoyment in a Medical malpractice lawsuit. They also claimed compensation for emotional distress, alleging that the defendants’ negligence caused Cheryl’s delayed cancer diagnosis, which resulted in advanced disease, brain metastasis, and her subsequent death. The plaintiff argued that if Cheryl had received timely follow-up care after the initial chest x-ray, her cancer could have been detected earlier, potentially improving her prognosis and prolonging her life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Barbara Y. Pschirer
    • Counsel for Plaintiff: Rudolph L Massa
  • Defendant(s):West Penn Allegheny Health System Inc. | UPMC Emergency Medicine Inc. | St. Clair Memorial Hospital | Victoria Dunaevsky M.D. | Julia M. D’Alo M.D. | Allegheny Health Network | Allegheny Clinic
    • Counsel for Defendants: Lisa D Dauer| Sally Anne Frick | Steven J. Forry |

Claims

The lawsuit filed by Barbara Y. Pschirer, as Administratrix of Cheryl’s estate, alleged several claims against the defendants in a Medical malpractice lawsuit:

Professional Negligence:

Against Dr. Julia M. D’Alo for failing to:

a) Properly review and document the chest x-ray results

b) Inform Cheryl of the suspicious mass

c) Order recommended follow-up imaging

d) Communicate findings to other healthcare providers

Against Dr. Victoria Dunaevsky for failing to:

a) Review the chest x-ray report in Cheryl’s medical record

b) Inform Cheryl of the x-ray findings

c) Order appropriate follow-up imaging

d) Make appropriate referrals to rule out lung cancer

Corporate Liability of Hospital:

Against St. Clair Memorial Hospital d/b/a St. Clair Hospital for:

a) Failing to maintain safe and adequate facilities and equipment

b) Failing to select and retain competent staff

c) Failing to oversee all persons practicing medicine within its facilities

d) Failing to formulate, adopt, and enforce adequate rules and policies to ensure quality care

Corporate Liability of Healthcare Entities:

Against St. Clair Health System, Inc., UPMC Emergency Medicine, Inc., Allegheny Clinic d/b/a Green Tree Medical Associates, Allegheny Health Network, and West Penn Allegheny Health System for:

a) Failing to hire and retain appropriately trained personnel

b) Failing to properly train and oversee medical providers and staff

c) Failing to implement and enforce adequate policies for patient safety and communication of test results

Vicarious Liability:

Against all corporate defendants for the negligence of their employees, agents, and ostensible agents acting within the scope of their employment

Wrongful Death:

On behalf of Cheryl’s estate and beneficiaries, seeking damages for:

a) Administrative expenses, including medical, funeral, and burial costs

b) Loss of monetary support Cheryl would have provided

c) Loss of Cheryl’s companionship, comfort, society, guidance, and protection

Defense

In response to the medical malpractice lawsuit, St. Clair Hospital and other defendants filed Answers and New Matters, denying liability and asserting various defenses.

St. Clair Hospital denied providing direct medical care, claiming it only provided facilities where independent healthcare professionals, such as Dr. Julia D’Alo, delivered care. The hospital denied that Dr. D’Alo was its employee, asserting she was an independent practitioner with staff privileges. The hospital also denied allegations of negligence, corporate liability, and vicarious liability, and argued that it lacked sufficient knowledge to confirm or deny many of the factual allegations. St. Clair Hospital asserted several affirmative defenses, including pre-existing conditions, failure to mitigate damages, and intervening causes, while demanding strict proof of the plaintiff’s damage claims at trial.

Similarly, the other defendants—Allegheny Clinic, West Penn Allegheny Health System, Allegheny Health Network, and Dr. Victoria Dunaevsky—denied most factual allegations, citing insufficient knowledge to confirm or deny claims. They rejected accusations of negligence, corporate liability, and vicarious liability, and raised affirmative defenses such as the statute of limitations, failure to state a claim, comparative and contributory negligence, lack of proximate cause, pre-existing conditions, and assumption of risk. Additionally, they invoked protections under the Medical Care Availability and Reduction of Error Act and the two schools of thought doctrine, and reserved the right to assert further defenses as discovery proceeded. All defendants demanded judgment in their favor on all counts.

Jury Verdict

On October 2, 2024, the jury found Dr. Victoria Dunaevsky negligent and concluded that her negligence directly caused harm to Ms. Cheryl Pschirer. The jury attributed 100% of the negligence to Dr. Dunaevsky. They did not find Dr. Julia M. D’Alo or St. Clair Memorial Hospital negligent. The jury awarded the plaintiff damages under the Survival Act in the amount of $750,000, but awarded $0 in wrongful death damages. Thus, the total damages award was $750,000 in a Medical malpractice lawsuit.

Court Documents:

Available Upon Request