An Indiana jury’s medical malpractice verdict of $15 million awarded to a woman in June will stay, after her stage 4 rectal cancer went undetected on a CT scan. The defendant, the Center for Diagnostic Imaging of Carmel (CDI), was denied a reduction or amendment to the original judgement by Southern District of Indiana Chief Judge Jane Magnus-Stinson.
CDI argued the jury’s award was “monstrously excessive,” and requested a reduction in damages.
In 2014, Michael Walked, MD, a radiologist who was independently contracted with CDI, was found to have missed a tumor on plaintiff Courtney Webster’s CT scan. The tumor went undetected for 17 months, when Webster was diagnosed with stage 4 rectal can
Magnus-Stinson also addressed CDI’s claim that the jury’s award is “monstrously excessive.”
“This court cannot and does not find that awards of $14 [million] and $1 [million] respectively for the loss of 36.2 years of life expectancy and consortium of a formerly vibrant, competent and engaged wife, mother and professional woman is excessive in the least,” she concluded.