$300,000 Settlement for Excessive Use of Radiation

Jennifer Schlutt, 26, was diagnosed as having squamous cell carcinoma of the distal urethra or periurethral area.

She underwent a course of radiotherapy treatment, including external beam radiotherapy and the placement of an implant.

During this radiation treatment, which lasted approximately six weeks, Schlutt suffered a severe reaction. She complained to her treating radiation oncologist, Dr. David Hornback, that she was experiencing extreme pain, open wounds, an internal burning sensation and skin hardening.

Dr. Hornback continued the external radiation, followed by inpatient internal radiation. Schlutt’s complaints persisted during the treatment. She was later diagnosed as having chronic pain syndrome resulting from vaginal and rectal necrosis.

Unfortunately, Schlutt died. Her estate sued Dr. Hornback for breach of the standard of care. Among other things, the Schlutt estate alleged that the doctor had chosen not to prescribe a proper dose of radiation therapy, administered excessive amounts of radiation and failed to respond to her vocalized symptoms.

The Schlutt family settled with the defendant’s insurer for an undisclosed amount. The estate then filed a complaint with the Indiana Department of Insurance, seeking damages from the Indiana Patient’s Compensation Fund, which is governed under state law.

The Schlutt estate settled for $300,000, including discharge of the commissioner, the insurance department and the compensation fund from any past and future claims.

The attorney handling this tragic case for the Schlutt estate was Sean W. Drew.

Schlutt v. Comm’r, No. 3:20-cv-00092-PPS-MGG (N.D. Ind.).

Kreisman Law Offices has been handling misdiagnosis of cancer cases, radiology negligence lawsuits, medical malpractice cases and wrongful death 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 45 years in and around Chicago, Cook County and its surrounding areas, including Elmhurst, Elk Grove Village, Countryside, Summit, Justice, Willow Springs, Palos Heights, Oak Forest, Dixmoor, Dolton, East Hazel Crest, Flossmoor, Matteson, Mundelein, University Park, Steger, Ford Heights, Sauk Village, Chicago (Edison Park, Jefferson Park, West Ridge, Palmer Square, Hermosa, Belmont Gardens, Belmont Central, Whiskey Point, West Humboldt Park, Noble Square, River North, Rush-Division, Streeterville, South Loop, Motor Row District, Prairie Shore, North Kenwood, Englewood, Pill Hill, Washington Heights, Morgan Park, Beverly Woods, Lithuanian Plaza), Bedford Park, Maywood, Franklin Park, Morton Grove, Lincolnwood, Northfield, Mundelein, Lake Bluff and Vernon Hills, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.