Jury Awards $49 Million in Cervical Cancer Case
STAMFORD — A jury awarded $49 million to a woman from Darien who is expected to succumb to cervical cancer. She had filed a lawsuit against her gynecologist, claiming there should have been an earlier diagnosis.
According to her lawsuit, Jennifer Anderson was diagnosed with invasive squamous cell carcinoma of the cervix in 2019 after expressing concerns over irregular menstrual cycles and bleeding. This legal action was directed at Westmed Medical Group and Dr. Dziwinka Carroll.
By the time she was diagnosed, Anderson had been under Dr. Carroll’s care for six years. During this period, she had repeatedly tested positive for a strain of human papillomavirus (HPV) identified as a “high risk” for cervical cancer during Pap tests.
The lawsuit mentioned, “Despite these results, Dr. Carroll never performed a colposcopy, which is a standard follow-up procedure that is expected.”
Sadly, when the cancer was detected, it had already spread to her chest, abdomen, and pelvis. Her attorney, Peter Dreyer from Silver Golub & Teitell, stated that she now endures late-stage metastatic cervical cancer, which is projected to be fatal.
After five weeks of trial in front of Judge Yamini Menon, the jury took around three hours to determine that the defendants were negligent. They awarded Anderson $39 million and her husband $10 million in damages.
A spokesperson for Westmed, which is part of Summit Health and VillageMD, announced intentions to appeal the verdict.
“While we disagree with the verdict, we empathize with the Andersons,” the spokesperson noted. “However, we can’t comment on the ongoing litigation, as we’re planning to file post-trial motions and an appeal.”
Dreyer and his colleague, Sarah Russell, represented the plaintiffs during the trial.
“Jennifer Anderson did everything right,” Dreyer remarked. “She visited her doctor yearly, had her tests conducted, and trusted that her results would be acted upon. That trust was betrayed multiple times over six years. This verdict holds Westmed responsible for what transpired.”
Russell added, “What’s especially troubling is that cervical cancer is one of the most preventable cancers we have. Jennifer Anderson’s tragedy was avoidable. We hope this verdict sends a message that medical practices need to follow protocols for high-risk patients.”
Dreyer stated that the jury’s decision felt somewhat inevitable given the strong evidence supporting their case.
The Andersons, who have three children, with the youngest now in college, have faced a long and challenging journey to reach this outcome, Dreyer mentioned.
“They’re quite pleased with the jury’s validation of their claims. It’s been a lengthy process,” he said. “Jennifer hopes that this case raises awareness about HPV, for which there are established management guidelines.”
“It went from being completely curable as a precancerous lesion to a terminal disease,” Dreyer expressed. “It’s a tragedy. There’s really no other way to describe it.”
