Thevatheril & Acuna Obtain Defense Verdict on behalf of Radiologist and Group in a Medical Negligence Case in Winnebago County, IL
Swanson, Martin & Bell, LLP attorneys Aiju C. Thevatheril and Jessica Levitt Acuna secured a defense verdict on behalf of their client, a radiologist, in the Winnebago County Circuit Court.
The plaintiff claimed that the defendant acted negligently by failing to identify a maxillary (jaw) lesion on a CT scan of the patient’s orbits in January 2015. In December 2015, the defendant radiologist issued an addendum to the initial report, acknowledging that the lesion should have been detected on the January 2015 scan.
The plaintiff underwent an excision and biopsy of a lesion, which was diagnosed as an odontogenic myxoma. This diagnosis necessitated a follow-up resection procedure, resulting in the loss of 5 teeth, bone loss. The patient required three additional surgeries including bone graft surgeries and as part of the ongoing treatment, the plaintiff now uses an obturator.
Thevatheril and Acuna skillfully argued that it was reasonable for the radiologist not to identify the lesion given the study's indications. They strongly emphasized causation, noting that the tumor only grew by 2 mm during the interval period. They asserted that the plaintiff would have required the same treatment, including the same resection, amount of bone loss, number of teeth removed, and obturator, even if the lesion had been diagnosed in January 2015.
The plaintiff asked the jury for $1.25 Million in non-economic damages plus additional expenses for future medical specials. After a two-week trial, the jury returned a verdict of not guilty for the defendants. The case was tried before Associate Judge Ronald A. Barch.
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 damages. 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 her practice here.