A Jefferson County, Illinois jury sided with the defense after a 71-year-old veteran had sought $6.5 million in his claim that a urologist failed to timely diagnose his prostate cancer.
Plaintiff J.R. Seymour alleged that Gary M. Reagan, a urologist at Crossroads Urology and Women’s Health, had delayed his diagnosis of Seymour’s prostate cancer until it wasn’t able to be cured through surgery. Seymour’s attorney at trial, Dan Konicek, said that the cancer had spread from Seymour’s prostate into his bloodstream and his bones, at which point the cancer became incurable. Seymour had to undergo chemotherapy.
“If it’s regionally located, you catch it, you treat it, either through surgery and radiation, not chemotherapy,” Konicek said. “You can avoid and prevent further metastasis, which would in this case have been through the blood system and the bones.”
Before the case went to trial, attorney Edward W. Unsell asked for $2 million during negotiation, according to Konicek, who said the defense counsel countered with a $1.2 million offer. At trial, Seymour requested $6.5 million.
Konicek said another treating doctor as well as another expert testified in the case. Konicek said Seymour asked for special damages including past and future pain and suffering, loss of normal life, disability and emotional distress.
The 12-person jury delivered a unanimous verdict for the defense. The lead attorney for Reagan and Crossroads, Tom Hayek of Evans & Dixon in St. Louis, declined to comment as he anticipates an appeal.
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Breakdown: $6.5 million request at trial
Venue: Jefferson County Circuit Court in Illinois
Case Number/Date: 2021L46/March 2, 2023
Judge: Eric J. Dirnbeck
Injuries: Cancer spread
Last Pretrial Demand: $2 million
Last Pretrial Offer: $1.2 million
Caption: J.R. Seymour v. Gary M. Reagan, individually, and Crossroads Physicians Corp. d.b.a. Crossroads Urology and Women’s Health
Plaintiffs’ Attorneys: Daniel F. Konicek and Peter L. LeGrand, Konicek & Dillon, Geneva, Illinois; Edward W. Unsell, The Unsell Law Firm, East Alton, Illinois; Thomas Q. Keefe, Keefe, Keefe & Unsell, Belleville, Illinois.
Defendants’ Attorneys: Thomas Hayek, Ben Fletcher and Michelle Meloche, Evans & Dixon, St. Louis.