New York Personal Injury News & NYC Legal Current Events

Queens Woman Sues Lawyer After Unsuccessful Medical Malpractice Case

A New York widow who lost her husband to cancer after he received a tainted kidney during a transplant lost her medical malpractice lawsuit – and is now suing the NYC medical malpractice lawyer who she said bungled the case.

The woman, Kimberly Liew of Queens, said that she would have won her medical malpractice case against NYU Medical Center if not for the poor job that her med mal attorney did.

In September 2002, Kimberly’s husband, 37-year-old Vincent Liew died of uterine cancer after he contracted it from a diseased kidney after an organ transplant. The kidney came from a woman who died of a stroke, but who also had uterine cancer. Liew argued during her medical malpractice case that the doctor of Liew’s husband, Dr. Thomas Diflo, should have immediately surgically removed the diseased kidney from Liew as soon as he knew that it could be cancerous.

Liew said that she also wanted to sue the New York Organ Donor Network and St. Luke's Cornwall Hospital for wrongful death, but that her attorneys did not agree. She was seeking $3 million in damages in the medical malpractice case.

After an autopsy revealed that the donor had cancer, the Donor Network said that they notified everyone involved. But Diflo says that he was not aware of the situation for months after the cancer was discovered.

Two other people have died from cancerous organs donated by Sandy Cabrera – the recipients of a kidney and a heart.

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