Three years ago, a La Salle County jury found neuropathologist Dr. Meean Gujrati and Central Illinois Pathology liable of misdiagnosing Daniel Gapinski's brain cancer at a point in time in which it could have potentially been treatable, and a three-judge Third District panel recently upheld the jury's medical malpractice verdict.  Rebecca Gapinski, the widow of Daniel Gapinski, was pleased with the court’s belief that the doctor and center had indeed failed to detect the fact that her husband’s kidney cancer had spread to his brain.  Instead, they had negligently concluded the brain tumor was merely a benign lesion called meningioma, and for their oversight, Rebecca will receive $1.7 million.  The appeals court found no reversible error in the medical malpractice verdict.

Image Courtesy of Richard J. Plezia & Associates

“I think the decisions both by trial court and the appellate court represent a denial of a fundamental right to our client: the right to be represented by counsel of our choosing,” Larsen said. “The court basically said two parties who were separate and distinct could not have their own attorney represent them through the entirety of the trial”  He added, “At this point where we’re weighing our options as to what we’re going to do.”   The family's attorney, Anthony C. Raccuglia, is only cautiously pleased with appeal court’s verdict, realizing it may not be the end to their battle, but he states he believes petitioning the high court has little potential for success. "The biggest hurdle to overcome after convincing the jury at the trial level was the Appellate Court," said Raccuglia. "That being accomplished, I am confident that a petition for rehearing will be denied and the Supreme Court will deny a request to hear the case.”  

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