A Connecticut state court jury returned a $49 million verdict against The Westchester Medical Group PC, doing business as Westmed Medical Group, in a medical negligence action brought by Jennifer Anderson and her husband, Daniel Anderson. Dr. Dzwinka Carroll, an obstetrician/gynecologist employed by Westmed Medical Group, had treated Anderson from at least 2013 through 2019. The plaintiffs alleged that Anderson, a high-risk patient with repeated indicators of infection with high-risk HPV, was not properly screened and followed over several years, allowing cervical cancer to progress to late-stage metastatic disease. The plaintiffs also advanced a secondary theory grounded in records management: they claimed that when Westmed absorbed Putnam Gynecology & Obstetrics PC in 2015 and transitioned paper records to a new electronic system, certain patient documents were deleted in violation of record retention requirements.
The trial took place over five weeks before Judge Yamini Menon, and the jury deliberated for three hours before returning a verdict and finding the defendants negligent. Central to the plaintiffs' standard-of-care theory was the contention that providers failed to order a colposcopy despite multiple indicators consistent with established screening protocols for patients with persistent high-risk HPV, and that the absence of timely diagnostic escalation contributed to delayed diagnosis. Cancer was ultimately detected after Anderson developed symptoms in 2019, at which point, the plaintiffs asserted, the disease had already spread to the chest, abdomen, and pelvis.
The jury awarded Jennifer Anderson $38 million in non-economic damages and $1 million in economic damages, and awarded her husband $10 million for loss of companionship. Anderson's gynecologist repeatedly failed to follow standard protocols for monitoring high-risk HPV, which caused her to develop late-stage cervical cancer that has spread and is expected to cause her death. No punitive damages were sought or awarded.
Westmed disputed liability and indicated it would pursue post-trial relief, stating, "While we disagree with the verdict, we empathize with the Andersons," and further stated that it intended to file post-trial motions and an appeal. The post-trial phase has already opened a second financial front: the plaintiffs have argued that Westmed should be required to pay an additional $22 million in interest, plus other costs, on top of the $49 million jury verdict.
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