Richard Levine
https://www.govinfo.gov/content/pkg/USCOURTS-paed-2_06-cv-04646/pdf/USCOURTS-paed-2_06-cv-04646-0.pdf
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIAJUANITA WARD, et al.,Plaintiffs,v.MOST HEALTH SERVICES, INC., etal.,Defendants.Civil Action No. 06-4646OPINIONPollak, J.August 8, 2008 Before the court is defendant Dr. Richard Levine’smotion for summary judgmenton plaintiffs’ claims, as well as plaintiffs’ response in opposition and defendant’s reply. For the reasons stated below, the court will deny defendant’s motion. I.Plaintiff Juanita Ward filed suit individually; as surviving spouse of her latehusband Joseph Edward Ward IV; as next friend of the couple’s minor children, Josephand Keshia; and as executrix of her late husband’s estate. The defendants are MostHealth Services, Inc., Most Healthcare Systems, Inc. (collectively, “Most Health”), andRichard Barry Levine, M.D
in the report he received from Most Health describing his test results, was:The chest in the single PA projection demonstrates the trachea, mediastinalstructures and cardiac silhouette to be intact.
<There is no evidence of acuteinfiltrate, congestion or acute pleural reaction. No active disease in the chest isobserved. The osseous and soft tissue structures are intact.SUMMARY: No active disease.Current Classification: Normal.Pl. Resp. Exh. A.
Like the other Dow Reichhold employees, Mr. Ward was given only this report of the radiologist’s findings and was not given the original x-ray film thatformed the basis of the report; the x-ray film itself was retained by Most Health. A yearlater, on May 15, 2004, afterMr. Ward began to suffer symptoms of a lung problem, an x-ray revealed a suspicious mass. Less than two months later, on July 8, 2004, Mr. Ward,age 39, a non-smoker,died of lung cancer.
The doctor who read Mr. Ward’s 2003 x-ray and wrote the above-quoted reportwas defendant Dr. Levine.
Dr. Levine is licensed to practice medicine in Pennsylvania,1where his office and primary residence are located. Dr. Levine had a contract with Most2Health to perform “B-readings” of x-rays, paid on a per-x-ray basis.