Professional Negligence Law Reporter

Gary Wynkoop, who had a history of smoking, had five chest X-rays at the Jesse Brown VA Medical Center from July 2012 to November 2014. In January 2015, he had a chest X-ray at a different facility. That X-ray revealed the presence of a hilar mass, which was confirmed by CT scan. A subsequent biopsy led to a diagnosis of metastatic lung cancer. Wynkoop, 69, died of his disease 15 months later. He was survived by his wife and two children.

Wynkoop’s wife, on behalf of his estate, sued the United States, alleging VA radiologists had failed to timely diagnose lung cancer. The plaintiff asserted that the negligence of the defendant’s physicians had allowed Wynkoop’s cancer to go untreated and progress to an advanced stage.

After the wife’s death, her son was substituted as special administrator of the estate. The parties settled for $1 million.

Citation: Wynkoop v. United States, No. 1:17CV05717 (N.D. Ill. May 8, 2020).

Plaintiff counsel: AAJ member John J. Perconti, AAJ member Michael F. Bonamarte, and Cari F. Silverman, all of Chicago.