CHICAGO IL: A record $3 million settlement was achieved on behalf of a lesbian couple in a medical malpractice cause of action. Represented by John G. Kelly of Law Offices of John G. Kelly, P.C., the case stems from the failure to diagnose ovarian cancer in a 49-year-old woman.
She and her partner alleged that a radiologist at a Chicago-area hospital identified a complex cyst during an ultrasound ordered by the plaintiff's family physician. Though the radiologist recommended follow-up scans be performed on the cyst within 12 weeks, no such scan was ever ordered by the physician or ob/gyn doctor seen in follow-up.
As a result of the failure to follow-up the radiology recommendation, 14 months passed and a treatable Stage I tumor was allowed to grow into a sizeable, untreatable, non-curable Stage IIIC small cell cancer. By the time the diagnosis was made, the cancer had spread to multiple organs and lymph nodes requiring radical resection surgery and extensive chemo. Though presently in remission, the plaintiff argued that the five and ten year survival rates were dramatically decreased as a result of the delay.
The case was initially filed by Mr. Kelly for the plaintiff alone but he later added a claim for the loss of consortium by her partner. Mr. Kelly argued that the couple, who have been together for 20 years and were joined during a civil union, "are entitled to, and in this case received, the same benefits given to any other married couple under Illinois law."
He further asserted that the benefits under the Illinois Wrongful Death Act would apply to her surviving partner should the plaintiff succumb to the cancer.
"We are happy for our clients that this painful chapter can close and admire the handling of the case by the defendant hospital," he said. "Their recognition of the union between our clients and their status as equal under Illinois law was evident from the start of the case through its conclusion at mediation. It is our clients hope that their precedent setting settlement is another step in the process of civil unions and same sex marriages being afforded equal benefits under the law. We are hopeful that our clients can now move forward with what we hope and pray are long lives. Should, however, the plaintiff's life be cut short due to the cancer, she is grateful to know her partner is compensated for the loss."
The identity of the parties remains confidential. The hospital was represented by Mary Cunningham of Kominiarek Bresler Harvick & Gudmundson.