Court revives malpractice case in cancerous transplant death

ST. PAUL, Minn. (AP) - A malpractice case for a Minnesota woman who died after receiving a transplant of a cancerous pancreas may be headed for a trial.

The Minnesota Court of Appeals this week ruled the case against Dr. Ty Dunn should head to court in the death of Jodie Shierts, 36. The court says Dunn didn't know the pancreas was infected with cancer but should have screened the donor more thoroughly.

The Star Tribune (http://strib.mn/1I8ko5d) reports Shierts, of Pequot Lakes, received the transplant in March 2007. It was removed after an autopsy revealed the donor died of cancer, but the disease had already spread. Shierts died Sept. 12, 2007.

A Hennepin County judge previously dismissed the lawsuit.

Jennifer Waterworth, Dunn's lawyer, says she can't comment on pending litigation.