A DuPage County jury, late Wednesday night, returned an Illinois record $7 million verdict on behalf of a 59-year-old woman from suburban Bolingbrook, who is currently suffering from Stage IV metastatic breast cancer, against two suburban radiologists and their employer. The defendant radiologists, Dr. Sarah Anschuetz and Dr. F. Steven Davis, of Suburban Radiologists, SC, allegedly misread abnormal screening mammograms in August 2008 and August 2009. In August 2010, after years of “normal” screening mammograms, the Plaintiff felt a lump in her right breast and was diagnosed with advanced stage breast cancer. During the pendency of the litigation, which began in 2011, the Plaintiff suffered two recurrences of her breast cancer and currently suffers from metastasis to her spine, pelvis, sternum and skull. She has a greatly reduced life expectancy and is considered terminal. She is currently receiving palliative care and is doing well.
The Plaintiff was represented at trial by Brian Hurst and Thomas F. Boleky of the law firm of Beutel Hurst Boleky, LLC, of Chicago. The defendants were represented by William F. Cunningham and Melissa Mitchell of Cunningham, Meyer and Vedrine of Warrenville, Illinois. Adventist Hinsdale Hospital, who was included as a defendant in the original filing on an apparent agency claim, settled out of the case prior to trial for $140,000.00.
“It is and has been an honor and humbling privilege representing this wonderful lady who has more fight and spirit in her than anyone I have known. I hope God Blesses her as she continues to fight this awful disease with her unrelenting spirit and determination,” Mr. Hurst commented.
The trial was conducted over a week and a half before the Honorable Judge David Schwartz of the 18th Judicial Circuit. The jury deliberated for approximately 7 hours. John Kirkton of Law Bulletin Media confirmed this is the largest reported jury verdict in the history of Illinois for delayed diagnosis of breast cancer.