I first wrote about this case back in April, not long after the jury rendered its verdict. Briefly, 33 year old Darian Wisekal began feeling “ill” in 2007. A workup in 2008 included a Pap smear, which was reportedly read as negative by a LabCorp cytotechnologist.
Mrs. Wisekal was due to have another Pap smear in 2009, but reportedly on the advice of her physician, she postponed it until the following year. The Pap smear performed in 2010 was also read as negative by a LabCorp cytotechnologist.
Within a week of the second negative Pap smear, she was hospitalized and diagnosed with cervical cancer, to which she succumbed the following November.
Her family sued LabCorp, claiming it was negligent when its cytotechnologist missed “high grade lesions” that were present on her 2008 pap smear.
LabCorp argued in court documents that it was not negligent, that Mrs. Wisekal’s tumor was “not subject to detection by a pap smear”, and that she was at fault for not “obtain[ing] a pap smear in 2009″.