Courtney Webster was diagnosed as having rectal cancer when she was 41 years old. Five years later, she underwent a CT scan at CDI Indiana Center for Diagnostic Imaging after she experienced constipation and noticed blood in her stools.
An independent contractor physician interpreted the CT test and did not mention an abnormal rectal mass. Eighteen months later, Webster underwent a colonoscopy, which showed rectal cancer. A follow-up CT scan showed a soft-tissue rectal mass and indications of metastasis. Webster, whose cancer is now Stage IV, will most likely die from the disease in the near term.
Webster and her husband sued the Center for Diagnostic Imaging, Inc. d/b/a CDI Indiana, LLC and CDI Indianapolis, alleging liability for the independent contractor’s choosing not to report the presence of a rectal mass on the first CT scan.
The defendant argued that it was not liable in that it did not authorize the imaging center and it was not a medical provider. The Webster family countered by stating that the defendant held the lease at the premises where the imaging center operated, and the corporation was responsible for hiring, employing, and supervising the center’s employees. The Webster plaintiffs did not claim lost income.
The jury signed a verdict for $14 million plus an additional $1 million to Webster’s husband for loss of consortium.
The attorneys successfully handling this case were Kathleen DeLaney, Jerry Garau and Barbara Germano.
Webster v. CDI Ind., LLC, No. 1:16-cv-02677-JMS-DML (S.D. Ind.).
Kreisman Law Offices has been handling radiology error lawsuits, misdiagnosis of cancer cases, wrongful death lawsuits and medical negligence lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Bridgeview, Brookfield, Lisle, Lincolnwood, Lincolnshire, Forest Park, Maywood, Schiller Park, Bensenville, Mount Prospect, Winnetka, Morton Grove, Countryside, Chicago (Pulaski Park, Rosehill, Ravenswood Manor, South Shore, Edison Park, Edgebrook, East Garfield Park, Chrysler Village, Buena Park, Bronzeville, Belmont Cragin, Avondale, Back of the Yards, Austin, Archer Heights), North Riverside, East Hazel Crest, Barrington, Willow Springs, Roselle, Palos Heights and LaGrange Park, Ill.
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