Cancer victim wins $1.1M malpractice suit

Cancer victim wins $1.1M malpractice suit

By BILL BREWER
The Knoxville Journal

Barbara Ann Danker was not in the courtroom Wednesday when a Knox County jury awarded her $1.1 million in damages, one of the largest medical malpractice claims ever awarded in Knox County courts.

Jurors only saw the 37-year old mother of two for about 10 minutes Wednesday morning when she pushed into court in her wheelchair to testify how inoperable cancer has rendered her helpless during the past two years.

Doctor's orders limit her physical activity to a few minutes each day, and she had to be returned home for rest.

Tears welled in the eyes of jurors and onlookers as she showed the scars of her battle against brain cancer and explained her day-to-day struggle.

The jury of six men and six women then deliberated for only about an hour in the afternoon before unanimously ruling in favor of her and her husband.

Barbara Ann and George Danker, 7606 Ellistown Road, had originally asked for $2.35 million in their suit against Knoxville obstetrician and gynecologist Leonard A. Brabson.

Brabson denied any liability for Danker's illness.

Jurors were given a weeklong, detailed description of Danker and her affliction in the trial in Knox County Circuit Court.

Her attorney gave a chronology of how the cancer began as a thickening in her right breast in January 1985, grew to a marble-sized lump and has now coursed her body into her brain.

Lawyer William D. Vines III argued that Brabson misdiagnosed Danker's breast cancer as cysts, did not conduct a biopsy and did not refer her to another doctor until July 1985 after the cancer had spread.

Vines said he was not surprised by the jury's decision.

"It's a verdict of significance, but if any case merited an award it was Barbara Danker's case," Vines said.

He said Danker has undergone chemotherapy and must take daily doses of morphine.

"Her outlook is now bleak, but she indicated she still has hope," Vines said.

Vines said George Danker, a geologist with the state, burst into tears after hearing the jury's announcement.

"This is one of the most tragic and difficult cases I have ever handled. You cannot be around the Danker family very long without feeling the tragedy," Vines said.

"The cancer spread from the size of a marble to completely engulfing her breast. It was inoperable and spread to her lymph system," he added.

George Danker declined to comment on the trial, and Brabson could not be reached.

Judge Chester Mahood said the claim was one of the largest ever awarded in Knox County.

"I don't know of anything larger," Mahood said.

Brabson has said he ordered a mammogram for Danker when she was examined Feb. 15, 1985, and that the results indicated she had benign fibrocystic disease and was treated.

He stated that the symptoms improved until July 1985, when he referred her to another specialist who discovered breast cancer.

"Dr. Brabson at all times acted in accordance with his medical judgment and in accordance with the applicable standards of care and denies that he is liable to plaintiffs," according to a written response by Brabson to the Dankers' suit.

Vines said the Dankers and Brabson tried to settle the case out of court, but were unable to agree on terms for a settlement.

He said part of the $1.1 million awarded to the Dankers will pay off more than $40,000 the family has incurred in medical bills and compensate for the loss of earnings to Barbara Ann Danker.