$18M Jury Verdict To Phoenixville Woman Upheld By Judge

WEST CHESTER, PA –A Chester County judge upheld an $18 million jury award to a Phoenixville woman who was misdiagnosed by a certified nurse practitioner when treated for a lump on her breast.

Judge Edward J. Griffith, in a 53-page opinion issued in December, concluded that an $18 million verdict is not excessive and does not “shock the conscience”of the court.

Attorney Matt Casey of Philadelphia, who asked Chester County Judge Edward J. Griffith to uphold the July 22 verdict for Downes, declined to comment Friday.

The judge concluded: “Given the extent of the plaintiff’s injury and the damages she will continue to suffer, we do not find the jury’s award to be arbitrary, speculative, punitive or grossly excessive.

“To the contrary, the award fairly and reasonably compensates the plaintiff for the harm she has suffered.”

The judge added $1.16 million to the verdict for a delay in damages, increasing the award to $19.16 million.

Philadelphia Attorney Jacqueline Promislo asked Griffith to reconsider the verdict against Eileen Carpenter, a certified nurse practitioner at Axia Women’s Health, Strafford, Tredyffrin Township.

Kerri 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.

The judge rejected all of the defense arguments against verdict.

In his opinion, Griffith focused on the testimony of Downes concerning what occurred and the prognosis for her future as a result of the delay in treating a lump on her breast.

According to the judge’s opinion:

• Kerri Downes was 22 years old when she discovered a lump in her right breast accompanied by pain.
• She sought medical care from nurse Carpenter who failed to order diagnostic tests after conducting two examinations.
• When Downes was diagnosed in December 2018, she lost the opportunity for a lumpectomy, resulting in the need for a mastectomy.
• Downes has had reconstructive surgery and radiation treatments.
• Due to the delay in diagnosis, the cancer spread to Downes’ lymph nodes requiring radiation.

Downes is a registered nurse who works in the Emergency Department at Paoli Hospital. She is married.

The aftermath

During the trial, Downes testified about her ongoing fears and what she thinks about the future.

“I think about my future with my husband. Will we get to hit milestones that you just expect to be able to hit? Our five year anniversary . . . 10-year anniversary.

“Will we be blessed enough to have children? If we have children, will I be at any of their birthday parties?

“My husband deserves to live a normal married life where you are not worried about if you have a wife next year. I wonder if my children will be raised by another mother.

“At night I think about all of the future suffering I most likely will have to endure. How does losing a daughter, a wife just not destroy what was a perfect family?"