Date: 02-09-2013

Case Style: Mary Margaret Callaway v. Steven C. Buck, D.O.

Case Number: CJ-2011-1858

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Stephen J. Modovsky

Defendant's Attorney: Karen L. Callahan and Curtis J. Dewberry for Steven C. Buck

Jennifer Rae Annis and J. Andrew Brown for Oklahoma Oncology & Hematology, P.C.

Amy Kempfert and Dan W. Ernst to Oneita F. Taylor, M.D.

Description: Mary Margaret Callaway used Steven C. Buck, D.O., Oklahoma Oncology & Hematology, P.C. d/b/a Cancer Care Associates, Oneita F. Taylor M.D., and AHS Hillcrest Medical Center on medical negligence (medical malpractice) theories.

The Plaintiff, Mary Margaret Callaway, underwent a biopsy of her left lung at OSU Medical Center, on July 18, 2005. The pathologist diagnosed the tissue sample by microscopic examination as “a small cell neuroendocrine carcinoma, more in keeping with an atypical carcinoid rather than the poorly differentiated neuroendocrine carcinomas often referred to as oat cell.” The Plaintiff, Mary Margaret Callaway, sought treatment with Defendant, Steven C. Buck, an oncologist, at Defendant Cancer Care Associates. Steven C. Buck, based on the above-mentioned pathology report, diagnosed the Plaintiff with small cell lung cancer, treated the Plaintiff with a course of chemotherapy, and referred the Plaintiff for radiation treatment. As a result of the chemotherapy, the Plaintiff became severely ill, lost all of her hair, suffered damage to her liver, scarring to her lung and consequent severe decrease in lung capacity.

In addition to these physical damages, the Plaintiffs suffered severe emotional trauma throughout the course of this treatment. The Plaintiff will likely sustain future medical damages as a result of the chemotherapy treatment, including but not limited to, higher chances of future malignancy, leukemia, and cardiac and/or esophageal fibrosis and scarring. The Plaintiff underwent a course, of radiation therapy performed at the Defendant Hillcrest Medical Center under the supervision of Oneita F. Taylor, M.D., a radiation oncologist. As a result of the radiation treatment, the Plaintiff suffered scarring to her lung and consequent severe decrease in lung capacity. As a result of the radiation therapy, the Plaintiff will also likely suffer from complications with her lungs and heart, including but not limited to, pericardial effüsions, constrictive pericarditis, and coronary/heart disease. The Plaintiff’s tumor did not respond to the combined chemotherapy and radiation, as would have been expected, as small cell lung cancer is highly responsive to chemotherapy, and typically melts away with this treatment. The Plaintiffs’ tumor had little to no change at all. There were also several PET scans during this time period that clearly indicated that this patient did not have small cell. Nevertheless, the Defendants stayed their course refused to readdress the diagnosis, and continued to administer chemotherapy and radiation, As a result of the unnecessary, unproductive and extremely harmifil treatment, the Plaintiff suffered loss of income and loss of personal property which was sold to pay for the treatments. She was also led to believe that her condition was terminal and that she would go to a hospice to die within 6 months. As a result, she and her family experienced severe mental and emotional distress.

Her husband, Plaintiff William Callaway, suffered loss of consortium and financial losses in paying for the treatments. The Plaintiff underwent a second biopsy at the University of Oklahoma Medical Center on October 19, 2005, which plainly revealed that what the Plaintiff actually had was a typical, well-differentiated carcinoid (non-aggressive, almost benign) tumor and not a small cell carcinoma at all. The treatment indicated for this type of tumor is surgery while chemotherapy and radiation are not, under any circumstance, appropriate. The Plaintiff subsequently had surgery, via resection of the tumor, and was cured of the cancer. The Plaintiff was informed of the misdiagnosis and negligent treatment on October 25, 2005.


The Defendants appeared and responded as follows:

On July 28, 2005, Mary Margaret Callaway presented to Cancer Care Associates (CCA) for treatment of small cell carcinoma neuroendocrine features lung to lung by Dr. Buck. She underwent chemotherapy at CCA and was referred to Dr. Taylor for consideration of radiation therapy which she received from Dr. Taylor at Hillcrest. On October 11, 2005, it was determined she was not responding to treatment, and Dr. Buck referred her to OU Medical Center for a thoracic consultation. Surgeons at OU removed the lung mass in the left lung. Pathology at OU demonstrated a well differentiated typical carcinoid.

Plaintiffs contend Ms. Callaway was misdiagnosed and unnecessarily received chemotherapy and radiation which they contend have caused Ms. Callaway past, present, and future damages. The Defendants deny the allegations of the Plaintiffs and contend that at all times they met the standard of care.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts: Phillip C. Hoffman, M.D.; Phillip Beron, M.D.; Lon Huff, economist; Arthur Shorr, hospital administration

Defendant's Experts: Carl Bogardus, radiation oncologist; Joseph Lynch, M.D. oncologist

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