Levin & Perconti secured a $4.5 million settlement for a young woman whose adrenal cancer went undiagnosed for approximately 17 months while her physician treated her for a condition she did not have. By the time the cancer was discovered, it had progressed to Stage IV and spread to her lungs and liver, significantly reducing her chances of survival. Founder John J. Perconti represented the family.
What Happened
In December 2006, 19-year-old Heather Kornick visited Dr. Laurence Jacobs, a reproductive endocrinologist, after experiencing irregular menstrual periods, unusual weight gain in her abdomen and face, and emotional changes.
Despite these symptoms, Jacobs diagnosed Heather with polycystic ovary syndrome (PCOS), a hormonal disorder that can cause irregular menstrual periods and other symptoms.
Heather continued receiving treatment for PCOS for more than a year. During this time, her symptoms went unrecognized as signs of Cushing’s syndrome, a condition associated with excessive cortisol production that can be caused by an adrenal gland tumor.
Her mother also reported concerning symptoms to nursing staff, but those concerns were not adequately documented or communicated to Jacobs.
It wasn’t until May 2008 that doctors discovered that Heather had adrenocortical carcinoma, a rare cancer of the adrenal gland. The cancer had already advanced to Stage IV and spread to her lungs and liver.
The delayed diagnosis greatly complicated her treatment. What could have been addressed at an earlier stage now required aggressive cancer treatment, including chemotherapy, and left her with a severely diminished life expectancy.
Heather had been a college student at Indiana University when her symptoms first appeared. Instead of continuing her studies and young adulthood as planned, she faced treatment for advanced cancer and an uncertain future.
What Levin & Perconti Argued
Levin & Perconti argued that Jacobs failed to properly investigate symptoms that should have raised concerns about Cushing’s syndrome and an underlying adrenal tumor.
Levin & Perconti founder and senior partner John Perconti maintained that Jacobs failed to obtain a thorough medical history, perform an adequate physical examination, and properly monitor Heather’s weight gain and blood pressure, continuing to treat her for PCOS without identifying the actual cause of her symptoms.
Perconti also argued that nursing staff failed to document and communicate important information provided by Heather’s mother. Those failures deprived Jacobs of additional information that could have prompted further testing and an earlier diagnosis.
The defense emphasized the rarity of adrenocortical carcinoma, particularly in a woman Heather’s age, maintaining that such a tumor was exceptionally unusual in a young patient.
Levin & Perconti countered that the rarity of the cancer did not excuse the failure to investigate Heather’s worsening symptoms. An earlier diagnosis could have allowed doctors to treat the tumor before it spread, potentially avoiding more aggressive treatment and substantially improving her prognosis.
At the time of the settlement, Heather was still alive despite her poor prognosis. Treatment had eliminated the cancer detected in her liver, and the cancer in her lungs appeared to have stopped spreading.
“The rarity of a disease does not eliminate a physician’s responsibility to investigate symptoms that are getting worse. Heather spent more than a year receiving treatment for a condition she did not have while her cancer continued to advance. An earlier diagnosis would have made an enormous difference in her treatment options and prognosis.”
$4.5 Million Settlement
Levin & Perconti secured a $4.5 million settlement for Heather, resolving the medical malpractice case following mediation.
The settlement addressed the consequences of a prolonged diagnostic delay that allowed a potentially more treatable cancer to advance into a life-threatening disease.
Although Heather had responded to treatment, doctors continued to express serious concerns about her long-term prognosis. The settlement provided compensation for the additional medical treatment, suffering, and diminished life expectancy associated with the delayed diagnosis.
The case was handled by Founder John J. Perconti of Levin & Perconti.
Contact Levin & Perconti For a Free Consultation
A missed or late cancer diagnosis can change a life, particularly when catching the disease sooner would have opened the door to better treatment and stronger odds of survival. If you suspect that a doctor or other medical provider overlooked warning signs, skipped necessary screenings or tests, or misread results, and that your health suffered as a result, Levin & Perconti is ready to help you find answers and learn what legal options are available. Reach out to our experienced medical malpractice attorneys or call (312) 332-2872 to schedule a free consultation today.
