$2.1 Million Settlement in Failure to Advise Patient About Abnormal Pap Smear

Akimbee Burns, who was in her late 30s, underwent a pap smear at a federally operated health care center. The health center’s pap smear showed atypical squamous cells. Unfortunately, Burns’s treating physician did not tell her of the results. When Burns returned to the same health center to follow up on an unrelated issue, the doctor allegedly told her that her pap smear result was normal.

Approximately eight months later, Burns was diagnosed as having Stage IIB cervical cancer, which had spread to her lymph nodes.

Although Burns underwent radiation, chemotherapy and other treatments, she died within two years.

Burns had worked for a utility company earning $11 per hour and was survived by her two children, one of which was a minor.

Her estate sued the United States, alleging liability under the Federal Torts Claims Act for the clinic’s negligent treatment, including choosing not to notify her of her abnormal pap smear.

Before trial, the parties settled for $2.1 million.

The attorney who handled this tragic case for the Burns family was John C. Spurlin.

Burns v. United States, No. 1:19CV00202 (M.D. Ga.).

Kreisman Law Offices has been handling misdiagnosis of cervical cancer lawsuits, medical malpractice cases, hospital negligence lawsuits, and wrongful death cases 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 45 years in and around Chicago, Cook County and its surrounding areas, including Northbrook, Willow Springs, Hoffman Estates, Skokie, Addison, Franklin Park, Glenview, Northfield, Bannockburn, Cary, Grayslake, Long Grove, Highland Park, Winnetka, Cicero, Evergreen Park, Chicago (Auburn Gresham, South Side, Chatham, Woodlawn, Back of the Yards, McKinley Park, Little Village, North Lawndale, East Garfield Park, Humboldt Park, Portage Park, Hyde Park), River Grove, Franklin Park, Romeoville, Joliet and Waukegan, Ill.

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

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