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Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Misread CT Scan Leads to $15 Million Verdict

By Jack H. FarnbauchOctober 2, 2018

A federal jury Friday awarded $15 million in damages on behalf of a woman who claimed a Carmel, Indiana imaging center failed to identify a tumor that went untreated and undetected for nearly 18 months, severely reducing her chances of surviving cancer. After a four-day trial, the jury returned its verdict on June 15, 2018. The jury awarded $14 million to Courtney Webster and $1 million to her husband, Brian Webster. The jury found the Center for Diagnostic Imaging, Inc. (CDI) was responsible for the conduct of a doctor who failed to identify a tumor after Courtney underwent a CT scan in November 2014.

The Websters first brought the federal suit back in October 2016 claiming that the tumor went undiagnosed until May 2016 and CDI was negligent. “As a direct and proximate result of CDI and CDI Indiana’s substandard care, Courtney Webster’s rectal cancer grew and spread, significantly reducing her chances of surviving the disease, significantly altering her treatment options, and causing her severe pain, suffering and emotional distress,” the complaint alleged.

CDI denied responsibility in the case and it’s defense was that they did not operate the center and was not a medical provider. The company argued that it “provided certain management services to an Indiana professional corporation that provided diagnostic imaging services.” This proved to be a losing argument. Because of this assertion, CDI was not subject to caps on damages that typically would be in place when medical providers opt in to coverage under the Indiana Medical Malpractice Act. Had CDI been covered by the act, the Webster’s recoverable malpractice damages would have been capped at $1.25 million.

CDI will likely appeal the verdict as a result of such a huge verdict. You can read more here.