Richard B. Hawkins, et al. v. Pathology Associates of Greenville, P.A., et al.

Plaintiff, the administrator of the estate of Susan T. Hawkins, brought wrongful death and survival actions against Pathology Associates of Greenville and Eugene C. Cox, M.D. In October of 1988, when Mrs. Hawkins was five weeks pregnant with her first child, her doctor took a Pap smear. The smear was sent to defendants for analysis. The cytotechnologist had some questions about the endocervical cells and forwarded the slide to Cox who observed abnormal cellular conditions but determined the changes were due to pregnancy. After the birth of the child, another Pap smear was taken and a different cytotechnoloigst examined the smear who interpreted the cellular changes she saw on the smear to be normal postpartum changed and diagnosed the smear as benign. Dr. Cox did not review the slide. When Mrs. Hawkins became pregnant with her second child while living in Germany and her cervix was badly lacerated and required suturing. Subsequent to that birth she was examiend by Dr. C.D. Gilbert in Tocca, South
Carolina and by other physicians. In March, 1992, Mrs. Hawkins went to Dr. Moore in Greenville who discoverd a tumor the size of a fist on her liver and that the cervix had been repalced by a tumorous mass. Dr. Jesse Stafford of Pathology Associates examined the biopsy taken in March, 1992 and determined that the overall findings represented an adenosquamous carcinoma of apparent cervical origin. He then examined the 1988 and 1989 Pap smears and testified in retrospect, looking at the smears with the later diagnosis of cancer, both smears indicated precursor lesions. Precursor lesions are changes that, if not treated or corrected, can progress to full blown invasive cervical cancer. Mrs. Hawkins was treated with chemotherapy and then radiation therapy when she was determined to be terminal. The treatment caused great pain, discomfort and depression.

The jury awarded plaintiffs $1,100,000 in the wrongful death action and $3,500,000 in the survial action. Plaintiff settled with Dr. Gilbert for $550,000.

Dr. William Johnston, pathologist; Dr. Stanley J. Robboy, obstetric and gynecologial pathologist; Dr. Harlem Giles, obstetrician and gynecologist; and Dr. Robert D. Coston, economist.

Marshall Austin, Charleston, South Carolina

This care was affirmed in part and reversed in part by the South Carolina Court of Appeals. See: 498 S.E.2d 395 (S.C.App. 1988).