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PRIMUS v. GALGANO

No. 02-1419.

329 F.3d 236 (2003)

Sharon PRIMUS, Plaintiff, Appellee, v. Richard C. GALGANO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 21, 2003.

Attorney(s) appearing for the Case

Robert F. Oberkoetter, with whom Rosario M.F. Rizzo was on brief, for appellee.

Wilson D. Rogers III, with whom Wilson D. Rogers, Jr., Mark C. Rogers, Lori M. Nehls, and The Rogers Law Firm P.C. were on brief, for appellant.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

A jury returned a verdict of $1,460,000 against Dr. Richard Galgano for medical malpractice in his 1993 treatment of Sharon Primus, who was later diagnosed with breast cancer in 1995. On appeal, the doctor raises two issues. He argues the evidence was insufficient to show his failure to meet the appropriate standards of care and causation. He also argues the district court committed error in failing to instruct the jury under Mass. Gen. Laws...

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