Professional Negligence Law Reporter

Akimbee Burns, who was in her late 30s, underwent a Pap smear at a federally run health center. The test showed atypical squamous cells; however, Burns’s treating physician did not notify her of the results. When Burns returned to the health center to follow up on an unrelated matter, the physician allegedly told her that her Pap smear was normal.

Approximately eight months later, Burns was diagnosed as having Stage IIB cervical cancer, which had spread to her lymph nodes. Despite radiation, chemotherapy, and other treatments, she died within two years. Burns had worked for a government utility earning $11 per hour and is survived by her two children, one of whom was a minor.

Burns’s estate sued the United States, alleging liability under the Federal Tort Claims Act for the defendant’s negligent treatment, including the failure to notify her of her abnormal Pap smear.

The parties settled for $2.1 million.

Citation: Burns v. United States, No. 1:19CV00202 (M.D. Ga. Apr. 27, 2020).

Plaintiff counsel: John C. Spurlin, Tifton, Ga.