Thevatheril and Acuna Obtain Defense Verdict In Medical Malpractice Case
Swanson, Martin & Bell, LLP attorneys Aiju C. Thevatheril and Jessica Levitt Acuna secured a defense verdict at trial on behalf of their client, a retired OBGYN, in the Circuit Court of Will County, Illinois.
In this case, the plaintiff alleged that the defendant failed to counsel her regarding her strong family history of breast cancer and recommended genetic BRCA screening or genetic counseling. As a result, she was unable to undergo a prophylactic mastectomy that would have reduced her cancer risk to nearly zero and prevented it altogether.
Within a year of the defendant’s retirement, the plaintiff underwent genetic testing, which revealed she was BRCA positive, and an MRI confirmed that she had cancer in her left breast. The plaintiff began breast cancer treatment and was in remission for 4 years until it recurred, giving her 15-19 months to live.
The defendant argued that the plaintiff was recommended and referred for testing, but she never followed up. The care at issue took place from 2004-2017.
Plaintiff asked the jury for over $9.4 million. After approximately 2 hours of deliberations, the jury returned a verdict for the defense. The case was tried before Judge Bobbi Petrungaro.
Aiju C. Thevatheril focuses his practice on the defense of medical negligence and catastrophic injury claims. He represents hospitals and healthcare providers in cases involving professional negligence, particularly those with catastrophic damage. Learn more about Aiju and his practice here.
Jessica Levitt Acuna focuses her practice on the defense of hospitals, physicians, nurses, and other healthcare providers in medical negligence cases. Additionally, she represents clients in other general tort matters, including premises liability cases. Learn more about Jessica and her practice here.
