In 2001, decedent’s Pap smear results indicated a low-grade squamous intraepithelial lesion. Her obstetrician ordered a colposcopy and an endocervical curettage, which were both normal. A few months later, another Pap smear reported as atypical squamous cells of undetermined significance/favor dysplastic process. Four years later, she had an HPV test that was reported to be positive for high-risk strains of HPV. She was diagnosed by biopsy with in situ squamous cell carcinoma of the labia. This was surgically removed. A colposcopy of decedent’s cervix was normal. Two years later, a left labial biopsy was positive for mild squamous dysplasia
A few months later, in 2008, decedent became a new patient of the defendant doctor. She did not inform him about her prior abnormal Pap smears, HPV risk or treatment for vulvar dysplasia. The defendant performed a Pap smear that was analyzed by defendant laboratory and found to be normal. A year later, decedent saw defendant’s partner, who diagnosed her with vulvovaginitis. No Pap smear was performed. The following year, she went to another gynecologist, who found a 3-4 cm exophytic mass protruding from her cervix. She was diagnosed with clear cell adenocarcinoma of the cervix and underwent a complete hysterectomy. A year later, she was diagnosed with squamous cell cancer and she died within six months.
Decedent’s representative alleges the laboratory, located in Virginia, failed to detect cells that would have led to early treatment for the cancer.