Circus beast ban OKd in fierce fight

ALBANY — More victims of misdiagnosed cancer are about to get their day in court.

The Legislature on Wednesday passed a scaled-back version of Lavern’s Law that would start the window to bring medical malpractice cases involving cancer when an error is discovered by the patient, not when the mistake occurred, as under current law.

But one family who won’t benefit from the change is that of the woman for whom the law is named — Lavern Wilkinson.

Wilkinson was a 41-year-old Brooklyn mom who died in 2013 of a curable form of lung cancer after doctors at Kings County Hospital misdiagnosed her. By the time she sued, the window to file had expired. She left behind a 15-year-old autistic and developmentally disabled child, Micalia Squires (photo bottom), who needs round-the-clock care.

Unlike a previous version of the legislation, the bill passed by the Senate and Assembly Wednesday, on what was scheduled to be the last day of the legislative session, does not contain a oneyear window to revive cases that are time-barred under current law.

“I’m disappointed and I’m very upset about it,” said Wilkinson’s aunt, Gloria O’Connor. “That’s not nice.”

O’Connor says she takes some solace that other families, moving forward, won’t have to go through what Lavern’s family did, and she urged Gov. Cuomo to sign it into law.

The original Lavern’s Law bill would have also covered all medical malpractice cases. But the Senate GOP wouldn’t bring it to the floor.

“You have to get a consensus, and to get a consensus sometimes you have to modify things,” said Senate bill sponsor John DeFrancisco (R-Syracuse).

But DeFrancisco, who was a long-time trial lawyer, said the bulk of the cases occurred where a cancerous mass was found, but not disclosed, and the statute of limitation ran out before a patient could bring a lawsuit.

Under the revised bill, a cancer victim who was misdiagnosed would have 21/2 years from the date of discovery to bring a lawsuit. But if the negligence happened more than seven years prior, the person would be barred from suing.

New York is currently one of six states without a date of discovery law.

Assembly bill sponsor Helene Weinstein (DBrooklyn) said that while she would have preferred to do the broader bill that encompassed all victims of medical malpractice, the more limited version is a “good first step.” “For many people, failure to diagnose cancer is, unfortunately, something they can relate to,” Weinstein said. The Daily News has advocated for passage of the law the past several years. The Assembly passed a version of the bill two years ago. The Senate never had, until Wednesday. Gov. Cuomo previously said he’d sign the original Lavern’s Law if it passed the Legislature. A spokesman said the governor will review the revised bill.

Lavern’s Law has been strongly opposed by the deep-pocketed medical establishment, which has argued that many of the states that have similar measures in place also have caps on pain and suffering awards and limits on total damages.

The state Medical Society said Wednesday it is “extremely concerned about the ultimate impact to New Yorkers’ access to care” if the new bill is signed into law.

Tom Stebbins, of the Lawsuit Reform Alliance of New York, groused that “at the behest of the trial lawyers, lawmakers in Albany have laid the groundwork to turn New York’s medical care crisis into a full-blown catastrophe.” LINDA McFALINE went to the Dominican Republic for cosmetic surgery and came back with an infection that could have killed her — and she’s not alone, according to the city Health Department.

The department has identified a cluster of skin and tissue infections associated with plastic surgery done in the country, it said. The infections, called mycobacterium abscessus/chelonae, attack the skin or soft tissue and have been found in 10 women, eight in New York City, including McFaline, and two in Connecticut.

McFaline, 40, of the Bronx, said: “I almost died . . . just because I wanted to look better and have a better body.” she said. “And it almost cost my life.”

The city has been working with the Centers for Disease Control and Prevention since May to investigate skin infections associated with “lipotourism” to the country.

“We urge anyone who has received cosmetic surgery in the Dominican Republic and developed a skin infection to seek medical care immediately,” city Health Commissioner Mary Bassett said, also urging people to choose a doctor and facility that is licensed.

There have been no deaths from this cluster, the Health Department said, and it is not connected to the death of Bronx woman Janelle Edwards, 25, who died this month after surgery in the country.

Eight of the women had surgery at the same facility, Centro International de Cirugía Estética in Santo Domingo, between March 2 and April 27. CIRCUSES starring animals will have to fold up their tents for good after the City Council voted to ban wild animal acts Wednesday.

The Council voted 43-6 to pass the bill, which bans elephants, lions, tigers, bears, giraffes and other beasts from big tops in the five boroughs. Mayor de Blasio is expected to sign it into law.

It affects just one operating circus — UniverSoul, which features elephants and zebras in its shows — after the larger Ringling Brothers and Barnum & Bailey Circus went out of business.

After passing the ban, the Council plans to vote next month to create a grace period until the end of next year before it goes into effect, Speaker Melissa Mark-Viverito said. Originally, the prohibition would have taken effect in six months.