Botched Ovary Removal Spreads Aggressive Cancer, Suit Says
3-5-2019 12:32:00

SALEM, Ore. (CN) – The botched removal of a cancerous ovary caused the aggressive cancer to spread with catastrophic consequences, according to an action filed in Marion County Circuit Court.

Tanya Chuprov sued Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals and Northwest Permanente, P.C. for medical negligence.

On Feb. 23, 2017, Kaiser physician Rachel Algenio surgically removed Chuprov’s left ovary, which had a “granulose cell tumor,” the suit states. During the procedure, Algenio caused a rupture of the tumor and fluid from the “highly aggressive cancer” leaked into the abdominal cavity. “Dr. Algenio failed to use a plastic bag, to reduce the possibility of spread of cancerous cells in the event of such rupture,” the action alleges.

Before and after the procedure, defendants wrongly identified the affected ovary and the error was also reflected in her medical records, resulting in “confusion and improper care of Ms. Chuprov by defendants,” the suit claims.

After the surgery, Chuprov reportedly received a brief phone message from Dr. Algenio telling her she had an aggressive cancer but providing no other details. Chuprov says she was forced to wait an entire week before she could get in for an appointment, despite her numerous frantic calls. When she finally had the appointment on March 1, the leak was not disclosed, according to the complaint.

On March 10, 2017, Chuprov met with another Kaiser doctor who reviewed her case and disclosed that fluid had leaked, but who also “indicated there was not evidence of metastasis or spread of cancer,” the action notes.

The defendants’ failure to timely identify and diagnose the spread of the cancer resulted in delayed treatment, the complaint charges.

In December 2018, the suit says Chuprov’s uterus and remaining ovary were removed because the cancer had in fact spread. The cancer in those organs had the same DNA as the cancer from the original cancerous ovary, according to the action. Chuprov says she was advised “that she should undergo the highest form of platinum-based chemotherapy to eradicate any potentially remaining cancerous cells.”

Now, at the age of 35, Chuprov can have no more children and her two young children have been and will continue to be affected by their mother’s illness. Chuprov has lost income and income opportunity, and the mental and emotional effects on her entire life have been “catastrophic,” the action notes.

Chuprov seeks economic damages of $500,000, and noneconomic damages of $15 million, plus legal costs, and “any other relief determined to be just and equitable under the circumstances,” the suit states. “Additionally, defendants should be responsible for the costs of Ms. Chuprov’s medical treatment for the remainder of her life.”

The plaintiff is represented by R. Grant Cook of Lafky & Lafky in Salem, Oregon.