Our Record of Success

DBS Obtains Defense Verdict in Cook County

On March 19, 2026, Stetson Atwood, Ashley Dus and Alexia Chiambas obtained a defense verdict in favor of a primary care physician and hospital in a case tried in the Circuit Court of Cook County before the Honorable Scott McKenna.

The patient had a history of rectal cancer and was being surveilled by a colorectal surgeon. On October 4, 2021, a CT scan of the chest, abdomen and pelvis had been performed pursuant to the colorectal surgeon’s order. The study was interpreted on October 5, 2021, and the report was sent to the colorectal surgeon, as the ordering physician. The ordering physician reviewed the results of the CT scan and determined there was no evidence of recurrence of cancer and saw the patient in his office on October 25, 2021. Two days later, on October 27, 2021, the primary care physician saw the patient for a routine wellness examination. The results of the CT scan had been available; however, the primary care physician did not review the results. The primary care physician completed a thorough history and physical examination of the patient, which was normal, and documented that the patient was following with the colorectal surgeon for cancer management. Approximately four months later, the patient began developing respiratory symptoms and SVC syndrome. The patient was diagnosed with Stage IV lung cancer and passed away in April 2022.

The plaintiff claimed that the primary care physician was negligent by failing to review the results of the October 4, 2021 CT scan, which revealed findings suspicious for lung cancer and failed to refer the patient for tissue sampling, PET scan or short-term imaging. The plaintiff also claimed that the hospital, as an institution, was negligent by failing to have a policy and procedure in place requiring its radiologists to flag findings suspicious for cancer.

The defense established that the primary care physician complied with the standard of care in all respects and did not cause the patient’s death. The primary care physician was not required to review the CT scan report because the test was not ordered by her, but was ordered by the specialist, and there were no symptoms on the patient’s physical examination which were suspicious for lung cancer. Further, the CT scan had already been reviewed and acted upon by the colorectal surgeon, who recommended that the patient follow up with another specialist in six months.

The plaintiff requested $21 million in damages during closing argument. The jury returned a verdict for the primary care physician and the hospital represented by DBS.