The family of a cancer victim will receive $1.5 million in a wrongful death lawsuit brought in Denton, Texas. The Denton county jury actually awarded the family $3.5 million, but, under civil suit law, the amount will be reduced to $1.5 million.
The victim, who was a wife and mother of two young children, was Melissa Hendricks. Hendricks was 33 years old when she first noticed a suspicious lump on the right side of her head in 2002.
Hendricks sought a medical consultation at Highland Family Medical Center. There she saw Dr. Stephen Glaser. Dr. Glaser diagnosed the lump as a nonmalignant sebaceous cyst. A week later the lump was removed and was not sent for further testing.
A year later, the lesion returned. Hendricks visited Dr. Jeffrey Charney, a Denton, Texas, surgeon. However, Dr. Charney did not remove the lump because Hendricks was pregnant at the time.
By January of 2004, the lump had quadrupled in size. Dr. Charney diagnosed it as a sarcoma, a diagnosis that was confirmed by later tests.
Hendricks died of cancer in December of 2004.
Melissa’s husband, Tadd Hendricks, filed a Texas wrongful death lawsuit on behalf of himself and his two children. The suit named Highland Family Medical Center, as well as two physicians and a physician’s assistant, as defendants. One of the doctors, Jeffrey Charney, was dropped from the suit by Probate Court Judge Don Windle.
The trial for the wrongful death lawsuit began on August 3rd and ended this past Wednesday.
Texas is a comparative negligence state. The jury assigned 45% of the negligence to Glaser and 45% to Glaser’s assistant, Jason Maris. Because Hendricks delayed a month in seeking treatment, despite a family history of cancer, the jury assigned her 10% of the negligence.
Click here to read the complete article about this Texas wrongful death lawsuit.
If you have lost a loved one due to the negligent actions of a third party, contact Fears | Nachawati today. You will speak with a Texas wrongful death lawyer who can answer all of your questions and provide you with free legal advice. You can reach us by email at info@fnlawfirm.com or toll free by phone at 1.866.705.7584.