Dawn R. West, et al. v. Karen T. Pitman, M.D., et al.

District Court, D. Maryland·Decided May 6, 2026·No. 1:24-cv-00333·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

DAWN R. WEST, et al. Plaintiffs, ° * Vv. CIVIL NO. JKB-24-0333 KAREN T. PITMAN, M.D., et al., . Defendants. , . * * * * * * □ * * * * * * ee _ MEMORANDUM Pending before the Court are Motions for Summary Judgment filed by Defendants Karen T. Pitman, M.D. and Johns Hopkins University (“JHU”) (ECF No. 95) and Defendant Greater Baltimore Medical Center, Inc., d/b/a GBMC Health Partners Head & Neck Surgery (““GBMC”) (ECF No. 96) (collectively, “the Movant Defendants”). The Motions are fully briefed, and no □

hearing is required. See Local Rule 105.6 (D. Md. 2025). For the reasons that follow, the Motions. will be granted in part and denied in part: summary judgment will be granted in favor of the Movant Defendants on Plaintiffs’ claim for failure to obtain informed consent, but Plaintiffs’ claims for medical malpractice and loss of consortium will survive. I. BACKGROUND Plaintiffs, a married couple from Delaware, filed this medical malpractice action in February 2024, alleging that Defendants negligently caused a delay in the diagnosis and treatment adenoid cystic carcinoma in Plaintiff Dawn R. West’s (“Mrs. West’s”) parotid gland. (ECF No. 1) Plaintiffs brought claims for negligence, failure to obtain informed consent, and loss of consortium against three individuals—Karen T. Pitman, M.D., Daniel J. Kelley, M.D., and Robert M. Grill, D.D.S.—and four medical practices—JHU, Eastern Shore ENT & Allergy Associates,

PA. (“Eastern Shore”), TMJ/Facial Pain Center, LLC (“TMJ”), and GBMC. (/d.) All seven Defendants answered (ECF Nos. 6, 7, 16, 18), and the case proceeded to discovery. In September 2024, Defendants Dr. Grill and TMI filed a third-party complaint against Julian Thayer Simmons, M.D., and Advanced Radiology, P.A. (“Advanced Radiology”), for indemnification and/or contribution. (ECF No. 36) And in January 2025, Plaintiffs filed an action (Civ. No. 25-00292) alleging negligence and loss of consortium against Dr. Simmons and Advanced Radiology directly, which has been consolidated with this case. (ECF No. 59.) At the Court’s direction, Plaintiffs filed an Amended Complaint (ECF No. 81), making no substantive changes but combining the factual allegations and legal contentions from their two previous complaints, and Dr. Simmons and Advanced Radiology answered (ECF No. 84). Discovery in the consolidated case closed on August 15, 2025. (ECF Nos. 83, 91, 92.) The crux of Plaintiffs’ factual allegations is as follows: “Over the course of several years from 2018-2021, Mrs. West was seen by the Defendants for swelling and tenderness over her right preauricular area (i.e., facial region in front of the ear) and right-sided jaw and ear pain... . [T]he standard of care required the Defendants to have a high clinical suspicion for parotid gland cancer [and to] recommend, order, and/or perform a complete and thorough oncological work up... [But instead,] Defendants negligently concluded—without recommending, ordering, and/or performing a complete and thorough oncological work up —that Mrs. West’s [symptoms] were not caused by cancer... [which caused] a significant delay in the diagnosis and treatment of Mrs. West’s parotid gland cancer. . . . allow[ing it] to progress, grow, and spread to the point of causing injury and becoming incurable metastatic cancer.” (ECF No. 81 {| 16.) □ Dr. Pitman and JHU’s Motion for Summary Judgment argues that Plaintiffs’ claims against them fail as a matter of law for three reasons: (1) Plaintiffs cannot establish the causation element of their negligence claim because there is no evidence that the diagnostic radiology scans Plaintiffs

argue Dr. Pitman should have ordered would have revealed Mrs. West’s cancer before it progressed to stage 3; (2) Plaintiffs’ informed consent claim relies on a legal theory that was recently rejected by the Appellate Court of Maryland, which clarified that such claims should be addressed through the traditional medical negligence framework; and (3) all of Plaintiffs’ claims are barred by the applicable statute of limitations, which began running in 2019 when Plaintiffs were first dissatisfied with Dr. Pitman’s treatment—more than three years before the February 2024 filing of this lawsuit. (ECF No. 95-1 at 5.) GBMC adopts and fully incorporates Dr. Pitman and JHU’s Motion, adding only that “Tb]ecause Plaintiffs’ claims against GBMC are based solely on the alleged negligence of Dr. Pitman, and because Dr. Pitman is entitled to summary judgment, □

GBMC is likewise entitled to summary judgment.” (ECF No. 96.) Il. |§ LEGAL STANDARDS □

To prevail on a motion for summary judgment pursuant to Federal Rule of Civil Procedure □ 56, the movant must show that there is no genuine dispute as to any material fact and that she is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). In preving the presence or absence of a genuine dispute, either party may point to materials in the record, such as admissions, stipulations, depositions, documents, and electronically stored information. Fed. R. Civ. P. 56(c). The moving party has the burden of demonstrating the absence of any genuine dispute of material fact. Adickes v. S. H. Kress & Co., 398 U.S. 144, 157 (1970). Ifthe movant meets this burden, then the nonmoving party cannot rest on mere denials but must point to specific facts showing

. there is a genuine triable issue in the case. Bouchat v. Balt. Ravens Football Club, Inc., 346 F.3d 514, 525 (4th Cir. 2003). In determining whether a genuine dispute exists, the Court views the evidence in the light most favorable to the nonmoving party and draws all reasonable inferences in that party’s favor. Anderson v. Liberty Lobby, 477 U.S. 242, 255 (1986): Tolan v. Cotton, 572. U.S. 650, 657 (2014) (per curiam).

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Dawn R. West, et al. v. Karen T. Pitman, M.D., et al., (D. Md. 2026).

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