$7.38 Million Jury Verdict for Late Diagnosis of Metastatic Brain Cancer

A chest X-ray of Marilyn Day, 76, revealed a suspicious lung mass several weeks after she had been admitted to Firelands Regional Medical Center. She was suffering from leg weakness, confusion and disorientation when she was admitted. A repeat X-ray showed the mass had shrunk.

An MRI of the brain revealed multiple ring-enhancing lesions with restricted diffusion, consistent with a brain abscess or metastatic cancer. Neurologist Dr. Jean Barylski Danner examined Day and reviewed the MRI. She told Day’s family that she was likely suffering from metastatic brain cancer.

Testing for lung cancer was negative. After an infectious disease consultation, and a week after Day’s consultation with Dr. Barylski Danner, she was administered antibiotics to treat a brain abscess. A neurosurgeon performed an aspiration procedure.

It was claimed that the delayed treatment caused Day to suffer permanent neurological damage, including cognitive impairment and an inability to use her left arm and both legs. She also lost control of her bowel and bladder. Day had lived independently but now resides in a nursing home.

Day’s son, who was appointed her guardian, and her husband sued Dr. Barylski Danner, the neurologist, Dr. Khaled Yassine, who was covering for Dr. Barylski Danner and also sued the doctors’ employer, alleging improper treatment of Day’s brain abscess.

The Day family claimed the defendants should have timely started Day on empiric antibiotics and confirmed her cancer diagnosis before taking a tissue sample.

The jury signed a verdict for $7.38 million in favor of the Day family apportioning liability at 60% to the neurologist, Dr. Yassine, and 40% to the infectious disease physician, Dr. Barylski Danner.

The attorneys successfully handling this lawsuit for the Day family were Chad M. Tuschman and Peter DeClark.

At trial, the Day family attorneys presented experts in neurology and infectious disease while the defendants presented experts in neurology, neurosurgery and infectious disease.

Moorhead v. Firelands Regional Medical Center, No. 2015 CV 0170 (Ohio Ct. Common Pleas, Erie County).

Kreisman Law Offices has been handling physician negligence lawsuits, neurological injury lawsuits, misdiagnosis of cancer cases, misdiagnosis and treatment of deadly diseases, hospital negligence lawsuits and nursing home 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 40 years in and around Chicago, Cook County and its surrounding areas, including Elmwood Park, River Grove, Oak Park, River Forest, Forest Park, Maywood, Stickney, Bedford Park, Burbank, Bridgeview, Hickory Hills, Palos Heights, Oak Lawn, Evergreen Park, Chicago (Mount Greenwood, Morgan Park, Roseland, Washington Heights, Riverdale, East Side, South Deering, Chinatown, West Loop, Goose Island, Lincoln Square), Wilmette, Deerfield, Vernon Hills, Wheeling, Prospect Heights and Geneva, Ill.

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