Levin & Perconti founder John Perconti, managing partner Michael Bonamarte IV, and partner Cari Silverman secured a $12 million jury verdict on behalf of the family of Doris Newberry, a woman who died from Stage IV lung cancer three years after a chest X-ray revealed an abnormality that her doctors never told her about. At the time of the verdict, it was the largest cancer-related wrongful death verdict ever reported in Illinois.
What Happened
In July 2010, Doris Newberry went to the emergency room at St. Alexius Medical Center in Hoffman Estates, Illinois, with shortness of breath. The ER physician ordered a chest X-ray, initially read it as normal, diagnosed bronchitis, and sent her home. The radiologist who also reviewed the X-ray reached a different conclusion: he identified a small abnormality in her upper left lung and recommended a follow-up X-ray within three months.
The Lack of Communication
Hospital policy required that when a radiologist and an ER physician reached different conclusions on the same film, the abnormal finding had to be placed on a discrepancy list so the patient could be notified. That did not happen.
Three weeks later, our client followed up with her primary care physician on her own. Although the chart contained the radiologist’s note about the abnormality, neither her primary care physician nor the physician who later took over her care informed her of the finding or ordered follow-up imaging.
By December 2012, when a chest CT scan was finally performed, Newberry was diagnosed with Stage IV squamous cell carcinoma of the upper left lung, with metastasis to the chest wall, spine, iliac crest, and nasopharynx. She underwent multiple rounds of radiation and chemotherapy, experienced profound physical decline, and died in September 2013 at age 70. She was survived by two children.
Our medical malpractice attorneys argued that as of June 2011, more than a year before her diagnosis, the cancer was still at Stage I and remained operable and curable. The delay cost her that window entirely.
How Each Physician Defended Their Role
The case involved multiple defendants, each of whom disputed their responsibility for the communication gap:
- The radiologist testified that cancer was at the top of his differential diagnosis when he read the X-ray, but he did not include that in his written report. He maintained that a repeat X-ray was a reasonable recommendation and that it was the primary care physician’s responsibility to inform the patient.
- The primary care physician contended that she did inform Newberry of the abnormal finding and the need for follow-up imaging, consistent with her general practice, and that Newberry chose not to schedule the X-ray.
- The physician who later assumed our client’s care argued that he had no obligation to review prior medical records because she had come in only for a cholesterol check.
The defendants also argued that the cancer had already spread beyond the lung by the time of the original X-ray in 2010.
We trust doctors to figure out what’s wrong and to begin treatment right away, to give patients the best possible chance at survival, or, at the very least, the best possible quality of life in the time they have. When doctors don’t live up to the trust we put in them, they have to face consequences.
The Verdict
After a trial before Circuit Judge Thomas V. Lyons II at the Daley Center, the jury returned a $12 million verdict. The radiologist and both primary care physicians were found to be liable.
Schedule a Free Medical Malpractice Consultation
If you believe you or a loved one has been hurt by a negligent healthcare provider, contact us online or call 312-332-2872 for a free, no-obligation consultation. We can evaluate the strength of your case, explain your legal rights, and help you determine the best course of action for you and your family.
