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CUDONE v. GEHRET

Civ. A. No. 91-585 MMS.

821 F.Supp. 266 (1993)

Ann M. CUDONE and Daniel Cudone, Plaintiffs, v. John F. GEHRET, M.D., and John F. Gehret, M.D., P.A., a Delaware corporation, Defendants.

United States District Court, D. Delaware.

April 29, 1993.

Attorney(s) appearing for the Case

Richard A. Zappa, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for plaintiffs.

Warren B. Burt, Burt & Burt, Wilmington, DE, for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Plaintiffs, Ann and Daniel Cudone, request this Court charge the jury on "increased risk." The request arises from plaintiffs' assertion defendant, Dr. John F. Gehret, failed to adequately and timely diagnose Ms. Cudone's breast cancer and that the delay in diagnosis resulted in metastasis of that cancer. Plaintiffs' experts testified...

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