$28.5 Million Settlement Reached in Failure to Diagnose and Treat Brain Tumor

Doe, 14, began experiencing headaches, balance issues, fatigue and dizziness. In 2015, Doe underwent an MRI at Florence MRI & Imaging, where radiologist Dr. Zachary Kilpatrick interpreted the MRI as showing no abnormalities, critical findings or cause for concern.

Doe’s symptoms continued intermittently. He underwent a second MRI in 2018. This time, Dr. Kilpatrick identified a brain tumor on the scan.

Doe underwent surgery to remove the tumor of the cerebellum followed by radiation and chemotherapy. Afterwards, Doe suffered a debilitating stroke and continued to experience disabling symptoms, including severe nausea, vision and speak deficits, as well as difficulty walking.

Doe sued Dr. Kilpatrick and Medquest Associates Inc., which allegedly owned, operated, and managed Florence MRI. He claimed that Dr. Kilpatrick had chosen not to diagnose the brain tumor, which was present on the first MRI. Doe charged that the doctor had spent less than a minute reviewing the 251 images from Doe’s MRI.

The lawsuit also alleged that Medquest was liable under a corporate negligence theory for choosing not to deliver its radiological services properly and accurately. The Doe lawsuit claimed that Medquest’s corporate policy prioritized profits over patient care and, through its monitoring system, encouraged the company’s radiologists to turn around the review and findings of images within a mandatory time frame.

Before trial, the parties settled for $28.5 million. As part of the settlement package, Medquest agreed to mandate a second reading of all pediatric MRIs and CT scans; head, neck, and spine MRIs for all patients; and scans of other high-risk patients.

The attorneys successfully handling this tragic case were William Applegate and Perry Buckner, both of Charleston, SC.

Pritchett v. Kilpatrick, No. 2019-CP-40-06306 (S.C. Cir. Ct. Richland County).

Kreisman Law Offices has been handling [medical negligence 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 Naperville, Evanston, Wilmette, Des Plaines, Markham, Downers Grove Chicago (Pullman, Back of the Yards, Rogers Park, Bronzeville, South Chicago, East Side, Lincoln Square), Elmhurst, Lake Zurich, and Rolling Meadows, Ill.

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

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