The family of a Jefferson man has settled a wrongful death claim against a Stayton medical clinic after the clinic allegedly failed to diagnose a fatal case of colon cancer in time.
On Nov. 6, a lawsuit by the estate of Christopher Schwarz against Stayton Family Practice was dismissed in Marion County Circuit Court after parties reached a confidential settlement.
Schwarz sued the practice and nurse practitioner Ernest “Gene” Lissy on April 24, 2023, for $51 million, claiming defendants negligently delayed discovery of a serious case of colon cancer.
Schwarz later died from cancer June 26, 2023, at age 52, and the suit was amended Sept. 12, 2023, to reflect this outcome.
According to the suit, Schwarz underwent an annual wellness exam on May 6, 2021, and at the time asked to be screened for colon cancer. Lissy allegedly wrote in Schwarz’ chart that the screening was ordered, but the order was not actually sent nor the screening conducted, said plaintiffs.
During Schwarz’ next annual wellness exam March 30, 2022, a cancer screening was ordered at this time, said the suit, and the exam detected advanced colon cancer. By this time the cancer had metastasized to Schwarz’ liver and lungs, and after initial rounds of surgery, radiation and chemotherapy Schwarz was advised he would not survive, said the suit.
In a formal answer to the suit filed Dec. 12, 2023, defendants denied wrongdoing and said Schwarz was at fault for not following up on his 2021 request for a cancer screening. They also claimed Schwarz failed to inform the clinic at that time of chronic symptoms indicative of colon cancer.
