$12.5 Million Jury Verdict for Failure to Diagnose Squamous Cell Carcinoma

David Riese, 60, went to his primary care physician complaining of a lump in his neck. He underwent an MRI and was referred to ENT Dr. Matthew Jerles, who aspirated the lump.

Riese returned to Dr. Jerles several times and underwent the surgical removal of the lump, which had ruptured during the aspiration procedure.

Testing later revealed that there was a diagnosis of squamous cell carcinoma. Dr. Jerles then examined the back of Reise’s throat and diagnosed a tumor at the base of his tongue. It was later revealed that the tumor had been present on the MRI, which had been faxed to Dr. Jerles at the start of Reise’s treatment. Dr. Jerles obviously missed observing and noting that tumor.

Reise required extremely high radiation therapy, causing him to suffer a fractured jawbone that was later replaced with a prosthetic device. As a result, Reise has extreme difficulty eating and opening his mouth.

Reise sued Dr. Jerles alleging that he chose not to timely read or correctly read the MRI results or examine his throat, which would have shown the tumor on the base of his tongue. Had Reise received an earlier diagnosis, he would not have required such high levels of radiation, his lawsuit claimed. The lawsuit did not request lost income.

The jury signed a verdict for $12.5 million.

At trial, Reise’s attorneys presented experts in oncology as did the defendant.

The attorneys successfully handling this lawsuit for Reise were Jeffrey W. Lasky and Daniel Justus.

Reise v. Jerles, No. 83845 (Ga. Ct. Bibb County).

Kreisman Law Offices has been handling medical malpractice lawsuits, misdiagnosis of cancer cases, catastrophic injury lawsuits, birth trauma injury cases and physician negligence lawsuits 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 40 years in and around Chicago, Cook County and its surrounding areas, including Maywood, Berkeley, Franklin Park, Des Plaines, Mount Prospect, Highwood, Glencoe, Wilmette, Hawthorne Woods, Rolling Meadows, Hoffman Estates, Elmhurst, Willowbrook, Westmont, Bolingbrook, Romeoville, Midlothian, Matteson, University Park, Chicago (West Pullman, Washington Heights, Chatham, Jackson Park, South Chicago, Englewood, Back of the Yards, McKinley Park, Little Village, Wrigleyville, Portage Park, Edison Park, West Ridge), Wood Dale, Elk Grove Village, Buffalo Grove and Deerfield, Ill.

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