Jury Verdict for Defendants in Medical Negligence Action

On July 15, 2024, following a 10-day trial, Huie partners Jennifer ”JD” Segers and Allen Sydnor obtained a jury verdict for the Defendants in a medical negligence action wherein it was alleged that the failure to perform a follow-up chest CT scan resulted in the delayed diagnosis of lung cancer.

In August 2017, an abdominal CT scan revealed the presence of a cavitary lesion in the right lung and pulmonary nodules in the left lung as incidental findings considered infectious in nature.  A follow-up scan was recommended and planned, but a change in the electronic medical records system resulted in the plan not being carried forward and the CT scan not being performed. Three years later, Plaintiff was diagnosed with Stage 4 non small cell lung cancer.  Plaintiff filed suit against his Primary Care Physician and Clinic alleging that the planned CT scan would have resulted in an earlier diagnosis and treatment of the cancer and an increased life expectancy for the Plaintiff.

The defense used the CT scans and illustrated comparisons along with the testimony of radiologists and oncologists to establish that the tumor developed in a different location than the cavitary lesion and that the cancer did not exist in 2017. Despite the Court instructing the jury that negligence had been established as a matter of law, the jury deliberated less than two hours before returning a verdict for the Defendants.

Client Testimonial

“I cannot speak highly enough about the work that JD Segers and Allen Sydnor did on my behalf. I am so fortunate to have been represented by them. They were tireless in their work to defend my case, leaving no stone unturned. Most importantly they were concerned about me as a person and navigated me through a difficult and uncertain time with great care, skill, and diligence, ultimately with a vindicating outcome. Thank you!!!”