Malpractice Suit Yields $9 Million In Damages

Jul. 13--A Niagara County jury of six women, including two nurses, has awarded $9 million in a malpractice suit against a pioneering breast cancer surgeon who has spent decades operating in area hospitals.

Dr. Nancy J. Stubbe, an Amherst physician, has been ordered to pay damages to the family of a 33-year-old mother of two in what is believed to be among the largest civil lawsuit awards in Niagara County history.

Suzanne E. Crane, of Wheatfield, died Jan. 21, 2004, after her breast cancer spread, including to 15 of 16 lymph nodes, according to court documents.

Crane first began seeing Stubbe in April 2002, and after three visits, Stubbe never diagnosed her with cancer, said attorney John B. Licata.

It wasn't until February 2003 that another doctor diagnosed Crane as having breast cancer.

Stubbe never performed a biopsy, even after a lump was found in Crane's breast, Licata said.

"These simple mistakes can often be deadly mistakes for the patient," he said.

Crane, whose survivors include her husband, Raymond, was seven months pregnant with her youngest son when the diagnosis was made, and she could not immediately receive treatment. The child was delivered as soon as it was determined to be safe to do so, Licata said.

The suit, filed Aug. 5, 2004, was originally brought against five defendants, including other doctors.

A State Supreme Court jury verdict June 30 found Stubbe, 77, negligent and determined the negligence to be a substantial factor in Crane's death. The verdict came after a two-week trial and can be appealed.

"I don't know that a jury of six men would have had a different view," Licata said, "but I don't know if a jury of six men would have paid as close attention as this jury did."

The verdict of $9 million includes more than $6 million based on future monetary losses.

University at Buffalo Law School professor Charles P. Ewing called it "amazing that both sides would allow two nurses on a jury in a case like that."

Large jury awards like the one in this case are less likely to happen in upstate New York generally, Ewing said.

"I wouldn't be surprised if the court says it's excessive and reduces it," he said.

Stubbe, who did not return a call to comment, has been a doctor for more than 40 years and had been recognized in the past for her service.

Among her accolades, Stubbe was named a "Local Legend of Medicine," a program honoring women physicians, by the National Library of Medicine after being nominated by Rep. Thomas Reynolds, RClarence.

Stubbe has been an instructor at the UB School of Medicine since 1967, becoming a professor in 1998.

She was Kaleida Health System's Woman Physician of the Year in 2000. She also was president of the Erie County chapter of the American Cancer Society from 1978 to 1980.

Stubbe earned her medical degree in 1959 from the Woman's Medical College of Pennsylvania.

Calls to John T. Loss, Stubbe's attorney, were not returned.

Thomas J. Prohaska of the News Niagara Bureau contributed to this report. [email protected]