| Death
of Erika Zak after Botched Liver
Ablation Triggers Trial against
Sloan Kettering now Charge
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
April 10 – Erika
Zak's battle
against cancer
and for a
liver
transplant was
in the news
until her
death in 2019,
and since.
Now her
husband's
lawsuit
against
Memorial Sloan
Kettering
Cancer Center
and Doctor
Constantinos
Sofocleous
have come to
trial.
On
April 3, 2023
U.S. District
Court for the
Southern
District of
New York Judge
Lorna G.
Schofield was
presiding over
the trial.
Inner City
Press went and
covered it.
Plaintiff
Scott Powers
was on the
witness stand,
recounting
their visits
to New York
leading up to
the botched
liver ablation
procedure.
A
plaintiff's
side tech in
the front row
worked two
laptops to
display photos
of Erika,
Scott and
their
daughter,
identified in
court as Loie
but called
L.P. in the
court
papers.
For a time the
courtroom was
full; then the
group of
students went
down to the
5th floor
classroom in
40 Foley
Square to talk
about the
case.
More
including
analysis on Substack
here
On April
5, defendant
Constantinos
Sofocleous was
on the stand,
speaking directly to
the jurors in
response to
direct
examination
questions.
On
April 6, the charge
conference at
which counsel
for Sloan
Kettering
argued that
there was no
evidence of
"who did the
vacuuming" and
what
type of compensation
should
be able to
be considered.
On April
10, the final
witness,
contesting
under cross examination
the duty to
disclose all
possibilities
including that
of doing
nothing. He
said patients
come to Sloan Kettering
for expert
advice
after getting
diagnosis
everywhere. Next
would be the
charge, then
the two closings,
Judge Schofield
said.
It is Powers
v. Memorial
Sloan
Kettering
Cancer Center
et al.,
20-cv-2625
(Schofield)
***
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