$18M To Phoenixville Woman In Malpractice Case Is Correct: Lawyer

WEST CHESTER, PA —A Chester County jury was correct in awarding $18 million to a Phoenixville woman who was misdiagnosed when being treated for a lump on her breast, her lawyer said in court papers available Friday.

Attorney Matt Casey of Philadelphia asked Chester County Judge Edward J. Griffith to uphold the July 22 verdict against a certified nurse practitioner for misdiagnosing his client, Kerri Downes, now 26.

Downes filed a civil lawsuit against Axia Women’s Health on Dec. 26, 2019, accusing the medical provider of improperly treating her for a lump on her breast.

The jury determined that Carpenter was negligent for not ordering a breast imaging test for Downes, delaying the treatment for nine months. The jury deliberated for 90 minutes.

Casey filed an 89-page response to a request from Philadelphia Attorney Jacqueline Promislo for the judge to reconsider the verdict against Eileen Carpenter, a certified nurse practitioner with Axia Women’s Health, Strafford, Tredyffrin Township.

Promislo asked Griffith to reconsider the verdict against Eileen Carpenter, claiming the judge gave improper jury instructions and the verdict was excessive.

Promislo said that the jury verdict “shocks the conscience.”

Casey countered that nothing could be further from the truth. He wrote that because of Carpenter’s failure to order an ultrasound Downes faces a premature death.

Casey said Carpenter told Downes the mass was normal.

Downes testified during the trial she faces a concern of a premature death and fears that she will not live long enough to see her children grow up.

Casey said he argued to the jury not to base the verdict on sympathy, but based on the law and grievous injuries Downes suffered.

The lawyer said Downes is married and she and her husband want to raise a family.

“She thinks about writing letters to her unborn children,” Casey wrote.

Downes is a registered nurse who works in the Emergency Department at Paoli Hospital. She is married.
She graduated from Immaculata University with a degree in nursing.

She earned an certification to become an Emergency Medical Technician and was a volunteer firefighter.