$9.1 Million Jury Verdict in Failure to Notify Doctor of Addendum to CT Scan Report

When Linda Smith began experiencing abdominal pain, bloating and diarrhea, she consulted a gastroenterologist. The doctor ordered a CT scan. It was interpreted by a radiologist, Dr. Jonathan Foss, showing an unremarkable pancreas.

Approximately two and a half years later, Smith read through the radiologist’s addendum to her medical chart, which showed that she had a pancreatic mass. An MRI was recommended for her.

Smith was subsequently diagnosed as having metastatic pancreatic cancer, which required chemotherapy and surgery. Despite undergoing treatment, Smith died at the age of 56. She was survived by her husband and four adult children.

Smith’s husband, individually and on behalf of her estate, sued the hospital, alleging that it chose not to transmit the radiologist’s addendum to the gastroenterologist and that this resulted from a programming error in the hospital’s system.

There was no claim for lost income.

The jury signed a verdict for $9.1 million for this wrongful death case.

The attorney who successfully handled this tragic lawsuit for the Smith family was James Ginzkey of Bloomington, Ill.

Smith v. Foss, No. 2017 L 106 (Ill. Cir. Ct. McLean County, Ill.).

Kreisman Law Offices has been handling misdiagnosis of cancer lawsuits, wrongful death cases, nursing home negligence cases, physician negligence lawsuits and hospital negligence cases 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 Palos Hills, Orland Park, Elmwood Park, Riverside, Tinley Park, Flossmoor, Olympia Fields, Glenview, Northbrook, Wheeling, Hoffman Estates, Chicago (Rogers Park, North Lawndale, Austin, Back of the Yards, Little Village, Bronzeville, Wrigleyville, Greek Town, Near North Side, West Loop, River North, Bucktown, Ukrainian Village), Rolling Meadows, Bolingbrook, Westmont, Lemont, Lansing, South Holland and Countryside, Ill.

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