Jury Awards $2-Million Judgment Against Surgical Consultants of Joliet, Ltd.
Joliet, Illinois – A Will County jury has awarded a Joliet, Illinois woman $2-million after an unnecessary surgical procedure left her with two incurable injuries. Mary P. Smith now suffers from lymphedema, a swelling of tissue resulting from a damaged lymph node system, and Reflex Sympathetic Dystrophy (RSD), a painful condition arising from a damaged nervous system, as a result of treatment provided by Joy D. Marvin, MD.

In August, 2001, Mary Smith discovered a small lump under her arm and sought medical treatment from defendant Marvin, an agent of Surgical Consultants of Joliet, Ltd. Marvin, without performing a biopsy, incorrectly diagnosed the mass as a lipoma and recommended a surgical procedure to remove it. Had Marvin performed a biopsy, she would have correctly diagnosed the tissue as being normal breast tissue.

On September 27, 2001, Marvin removed tissue measuring 3-inches by 2-inches from the axilla, or armpit. During the surgery, Marvin inappropriately used sutures in the axilla, causing damaged to several of Smith’s healthy lymph vessels and nerves, resulting in lymphedema and RSD.

Additionally, Marvin failed to explain the procedure she performed on Smith, or the risk involved.

The jury returned a guilty verdict and entered the award in Smith v. Martin (2003 L 517) on April, 12, 2006 after deliberating for four hours.

Smith was represented by William V. Kozol and Theodore J. Jarz

About Rathbun, Cservenyak & Kozol LLC
Rathbun, Cservenyak & Kozol LLC is a Will County-based law firm in the practice of civil litigation. The firm consists of eleven (11) attorneys who provide aggressive legal services to industry, governments, insurance companies and individuals. The firm serves clients from Will County and surrounding counties both in state and federal court.