$49M Verdict in Westmed Cervical Cancer Screening Case

A Stamford jury found Westmed liable for delayed cervical cancer diagnosis tied to inadequate HPV follow-up and awarded $49 million in damages.

ByZach Barreto

Published on

OBGYN

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. The plaintiffs alleged that Anderson, a high-risk patient with repeated indicators of infection with high-risk human papillomavirus (HPV), was not properly screened and followed over several years, allowing cervical cancer to progress to late-stage metastatic disease. The verdict included substantial non-economic damages and a separate award for loss of companionship, reflecting the jury’s acceptance of the plaintiffs’ theory that earlier intervention would have altered the clinical course and prognosis.

Alleged Screening Failures and Standard-of-Care Theory

According to the operative allegations, Anderson received gynecologic care over a multi-year period and had recurring test results that identified high-risk HPV, including HPV 16. While certain Pap tests were described as negative for cancer, the plaintiffs contended the presence of high-risk HPV represented a continuing warning sign that required appropriate follow-up to rule out cervical dysplasia or malignancy. The complaint also asserted that, at one point, a laboratory did not perform HPV testing because of an improperly completed order form, which the plaintiffs attributed to provider error rather than laboratory decision-making.

Central to the plaintiffs’ standard-of-care theory was the contention that providers failed to order colposcopy despite what they characterized as multiple “red flags” consistent with established screening and follow-up protocols for patients with persistent high-risk HPV. The plaintiffs argued that a colposcopy is a standard diagnostic step in this clinical setting and that the absence of timely escalation in evaluation 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.

Trial Evidence, Defense Posture, and the Jury’s Findings

The case proceeded to trial in Stamford Superior Court, where jurors were asked to determine whether Westmed was liable for the alleged failures in screening, follow-up, and care coordination during the relevant treatment window. The evidentiary presentation focused on the sequence of screenings and results, the absence of certain follow-up procedures, and the timeline between earlier indicators of high-risk HPV and the eventual cancer diagnosis. The plaintiffs maintained that Anderson consistently attended annual visits and completed recommended testing, placing responsibility for clinical decision-making and follow-up actions on the treating practice.

Westmed disputed liability and indicated it would pursue post-trial relief. In a statement, the practice said, “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 jury returned a plaintiff’s verdict, awarding Jennifer Anderson $38 million in non-economic damages and $1 million in economic damages, and awarding her husband $10 million for loss of companionship. Stamford Superior Court Judge Yamini Menon accepted the verdict.

Record Retention Allegations and Organizational Oversight Issues

Beyond negligence in clinical follow-up, the plaintiffs also advanced allegations concerning record handling and practice management after organizational changes. 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 complaint further alleged that staff were not adequately trained on the electronic system, contributing to gaps in the medical record that plaintiffs contended were relevant to continuity of care and documentation of screening decisions.

The plaintiffs also asserted failures in monitoring and supervision of medical staff, placing the alleged clinical omissions in the context of broader operational oversight. The Andersons were represented by Silver Golub & Teitell LLP, according to court filings. If upheld, the verdict underscores how juries may evaluate both the clinical pathway for cancer screening and the administrative systems that support follow-up, documentation, and retention—particularly where plaintiffs allege that missed escalation steps in a preventive screening framework resulted in delayed diagnosis and advanced disease.

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, and defective products. His skills are particularly evident in handling complex litigation matters, including high-profile cases such as opioids litigation, NFL concussion litigation, California wildfires, 3M earplugs, Elmiron, transvaginal mesh, Roundup, Camp Lejeune, hernia mesh, IVC filters, Paraquat, Paragard, talcum powder, and Zantac.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ. Zach holds a Bachelor's Degree in Political Science and European History from Vanderbilt University.

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