$750,000 settlement during trial pursuant to a high – low agreement – Cervical Cancer.
A woman had her Pap smear interpreted by a cytotechnologist and pathologist as “Negative for Intraepithelial Lesion or Malignancy.” Her next Pap smear was two years later. The Pap smear that day was reported as “Epithelial Cell Abnormality: Squamous Cell Carcinoma.” Further workup revealed Stage IVb cervical cancer, invasive and in-situ, with lymph node involvement. In spite of aggressive chemotherapy, the patient died the following year. She was survived by a husband and three children. The case was tried to verdict. During trial, the parties agreed to a high-low agreement. There was a defense verdict and the Plaintiff received the low of the high low agreement, which was $750,000.