Bird

Plaintiffs Janice Bird, Dayle Edgmon, and Kim Moran, three daughters of decedent Nita Bird, appeal from judgment of dismissal after the court granted summary adjudication of issues in favor of three doctors who treated Nita Bird. Given that triable issues of fact exist with respect to the causes of action for wrongful death and negligent infliction of emotional distress, judgment of dismissal was improperly granted. [1]

In October 1994, 68-year-old Nita Bird (Bird) underwent an exploratory laparotomy, de-bulking surgery, and other procedures performed by defendant Scott M. Eisenkop (Eisenkop); the postoperative diagnosis was stage IIIC ovarian cancer; Eisenkop's report indicated that the de-bulking was adequate with no visible residual cancer remaining; however, four of twelve periaortic and pelvic lymph nodes were involved, all of them on the right side.

Subsequent to the October 1994 surgery, Bird began an initial course of chemotherapy, which was the standard chemotherapy for patients diagnosed with stage IIIC ovarian cancer. Prior to chemotherapy, Bird had a CA125 level of 1830; subsequent to the first dose of chemotherapy, she had a CA125 level of 14, which is…