Professional Negligence Law Reporter

Jennifer Schlutt, 26, was diagnosed as having squamous cell carcinoma of the distal urethra or periurethral area. She underwent a course of radiotherapy treatment, including external beam radiotherapy and placement of an implant.

During the radiation treatment, which lasted approximately six weeks, Schlutt suffered a severe reaction. She complained to her treating radiation oncologist, David Hornback, that she was experiencing extreme pain, open wounds, an internal burning sensation, and skin hardening. Hornback continued the external radiation, however, followed by inpatient internal radiation.

Schlutt’s complaints persisted during the treatment. She was subsequently diagnosed as having chronic pain syndrome resulting from vaginal and rectal necrosis.

After her death, Schlutt’s estate sued Hornback for breach of the standard of care. Among other things, the plaintiff alleged that the doctor had failed to prescribe a proper dose of radiation therapy, administered excessive amounts of radiation to Schlutt, and failed to respond to her symptoms.

The plaintiff settled with the defendant’s insurer for an undisclosed amount. The estate then filed a complaint with the Indiana Department of Insurance, seeking damages from the Indiana Patient’s Compensation Fund under state law.

The plaintiff settled for $300,000, including discharge of the commissioner, the insurance department, and the compensation fund from any past or future claims.

Citation: Schlutt v. Comm’r, No. 3:20-cv-00092-PPS-MGG (N.D. Ind. Dec. 13, 2021).

Plaintiff counsel: Sean W. Drew, Niles, Mich.