Thevatheril and Buckley Obtain A Defense Verdict in High-Exposure Medical Malpractice Case
Swanson, Martin & Bell, LLP attorneys Aiju C. Thevatheril and Shannon E. Buckley secured a defense verdict on behalf of their clients, two radiologists, in the Circuit Court of Cook County, Illinois, after a 3-week multi-party medical malpractice trial before Judge Gerald Cleary.
In this case, the plaintiff claimed that an internist and surgeon, together with the hospital, failed to tell the patient in 2016 that she had colon cancer. In the next 2 ½ years, two radiologists, represented by us, failed to detect recurrence of colon cancer in two CT scans. This led to a delay in the diagnosis and treatment of colon cancer and subsequent recurrence and metastasis. The plaintiff received treatment following the eventual diagnosis in 2019 but experienced additional recurrence. The delay in diagnosis and treatment led the cancer to progress from Stage II to Stage IV. Plaintiff needed additional surgeries, chemotherapy, and multiple admissions to the hospital and will require palliative chemotherapy for the rest of their life.
The defendant radiologists and their expert demonstrated to the jury why the recurrence was retrospectively subtle, and reasonable misses in two CT scans in light of its characteristics. Through successful cross-examination of the plaintiff’s experts, the defense was able to establish that the plaintiff’s outcome would have unfortunately been the same regardless of the admitted lengthy delay.
Additionally, the co-defendant, a prominent hospital, also received a favorable outcome despite allegations of failing to communicate abnormal pathology results after a colon resection. The pathology report from 2016 indicated a diagnosis of colon cancer. The internist and surgeon were dismissed pursuant to settlement after the trial had started.
Plaintiff asked the jury for $55 million. The Jury returned a verdict of not guilty for the radiologists and the hospital.
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.
Shannon E. Buckley focuses her practice on healthcare and commercial litigation, representing medical systems, hospitals, physician groups, and individual medical providers in medical negligence cases in Cook County and collar counties across Illinois. Learn more about Shannon and her practice here.
