428,000 Cook County Verdict for Misread X-ray; Drummond v. Dr. Brossard

In a lawsuit resulting in a Cook County jury verdict, it was alleged by plaintiff Ryan Drummond that in August 2004, the defendant, Dr. Robert Brossard, a radiologist, chose not to correctly interpret x-rays of Drummond’s right hand. In addition, it was claimed that Dr. Brossard missed a fracture of the carpal bone of that same right hand. As a result of the doctor’s miss, Drummond was improperly treated with splinting for a sprain.

The fracture was later diagnosed on subsequent x-rays on Sept. 21, 2004. By that time, the window of opportunity for surgery to reduce the fracture had passed.

Drummond, 46, was a truck driver and sustained a nonunion of the trapezium, deformity to the base of the thumb, collapsed web space and development of severe arthritis. Drummond will need future arthroplasty surgery, which will mean a lengthy rehabilitation program.

The defendant Dr. Brossard argued in defense that he complied with the standard of care, the rules for reading an x-ray and that the reading of the x-ray was in fact negative. Dr. Brossard maintained that Drummond did receive the proper treatment regardless of the x-ray interpretation and that Drummond had severe pre-existing arthritis, which had progressed. According to the Cook County Jury Verdict Reporter, the jury deliberated less than 35 minutes in reaching its verdict. At the end of the trial and at closing argument, plaintiff’s counsel, Mark Basile, asked the jury to return a verdict of $428,000, which it did. The demand before trial was $150,000 with no offer to settle made by Dr. Brossard.

The jury’s verdict of $428,000 was made up of the following damages:

• $200,000 for loss of normal life;
• $175,000 for pain and suffering;
• $25,000 for disfigurement;
• $15,000 for future medical expenses; and
• $13,000 for future loss of earnings.

Ryan Drummond v. Dr. Robert Brossard, 06 L-8650 (Cook County).
Kreisman Law Offices has been handing medical negligence cases, birth injury matters and nursing home abuse cases for individuals and families for more than 36 years, in and around Chicago, Cook County and its surrounding areas, including Chicago (Sauganash), Chicago (Ravenswood), Northlake, Franklin Park, Maywood, Bellwood, Alsip, Chicago (Austin), Summit, Brookfield, Chicago Ridge, Worth, Lockport, Western Springs, Geneva, Fox River Grove and Cicero, Ill.