Illinois Jury Finds for Radiologist in Missed Brain Mass in CT Scan

In September 2007, 55-year-old Barbara Ann Drebek-Doyle underwent a CT scan of the sinuses due to her recurrent sinusitis condition. The test was performed at Advocate Condell Gurnee Outpatient Radiology Center. The scan was interpreted by the defendant Dr. David E. Foosaner, a radiologist. In a lawsuit that was filed by Ms. Drebek-Doyle, she contended that Dr. Foosaner chose not to detect and report a brain mass or tumor that was seen on the CT scan. As a result, the tumor remained undiscovered and untreated for 3.5 years.

In March 2011, an MRI of the brain showed the brain mass at the top center of Ms. Drebek-Doyle’s head. Surgery was done to remove the benign mass, a meningioma that was in the membrane lining of the brain. Meningioma occur most frequently with women; they cause various types of symptoms. Some symptoms include chronic headache, nausea, vomiting and balance issues. If the tumor is not removed fairly quickly, there is a risk that it may increase in size and cause much more serious effects, including death.

The plaintiff maintained that if the radiologist defendant had reported the mass in 2007, it could have been removed at that time. Instead, the delay caused Ms. Drebek-Doyle to suffer various problems over the next 3 ½ years, including increased headaches, loss of balance, memory deficits, bowel incontinence and fatigue.

In fact, she made a full recovery after the 2011 surgery returning to her baseline condition with lingering headaches/memory/balance issues, which pre-dated the sinus CT and were longstanding with no relation to the benign tumor/meningioma.

Dr. Foosaner asserted that the CT scan at issue was a focus study of the patient’s sinuses; he also maintained that the study under-penetrates the brain and was not the correct diagnostic test for identifying a brain tumor at the top of the brain. Any alleged finding on the scan was actually an artifact (an image caused by the test itself), which obscured the brain windows. He also stated that the alleged finding was on the opposite side of the brain from where the meningioma arose and grew.

The case went to the jury to deliberate. The jurors considered the evidence in the case for only 50 minutes before they found in favor of the defendant, Dr. Foosaner. Before trial, the plaintiff demanded settlement of $475,000. The plaintiff’s attorney asked the jury to return a verdict in the range of $250,000 – $300,000. There was no offer to settle the case.

Barbara Ann Drebek-Doyle v. Dr. David E. Foosaner, No. 11 L 755 (Lake County, Illinois).

Kreisman Law Offices has been successfully handling brain tumor misdiagnosis cases, brain tumor cases, medical negligence cases and nursing home abuse cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Willow Springs, Worth, Thornton, Streamwood, Steger, Crete, Chicago Heights, Country Club Hills, South Barrington, South Holland, Palos Park, Hanover Park, Glenwood, Hillside, Hickory Hills and Justice, Ill.