Case Background
Jennifer Anderson, a resident of Darien, Connecticut, received routine gynecologic care from Dr. Dzwinka Carroll, an obstetrician-gynecologist, for nearly two decades. Dr. Carroll was employed by The Westchester Medical Group, P.C., operating as Westmed Medical Group. In 2013, a Pap/HPV co-test confirmed that Mrs. Anderson tested positive for a high-risk strain of human papillomavirus (HPV). Two years later, in October 2015, further testing identified HPV 16 a genotype known to carry a significantly elevated risk of cervical cancer. Despite these results, Dr. Carroll never recommended or performed a colposcopy, the standard follow-up procedure used to closely examine the cervix for signs of disease.
In October 2016, Dr. Carroll performed another Pap smear but improperly entered the lab order, which caused the laboratory to skip the HPV test entirely. Carroll did not catch the error and again did not perform a colposcopy. In January 2018, another Pap/HPV co-test again came back positive for HPV 16, and once more, no colposcopy was recommended.
By September 2019, Mrs. Anderson visited Dr. Carroll complaining of irregular menstrual cycles and bleeding after intercourse. A physical exam revealed a mass on her cervix. Testing the next day confirmed invasive squamous cell carcinoma. The cancer was later staged at IIIC2 a late-stage metastatic cervical cancer that spread to her chest, abdomen, and pelvis.
Cause
Medical negligence by Westmed Medical Group and its employee Dr. Dzwinka Carroll in failing to follow established screening guidelines for cervical cancer prevention, including repeated failures to perform colposcopy after persistent high-risk HPV results over a six-year period.
Injury
Late-stage metastatic cervical cancer (Stage IIIC2), invasive squamous cell carcinoma of the cervix with spread to chest, abdomen, and pelvis, requiring extraordinary medical treatment with a terminal prognosis.
Damages Sought
Compensatory damages exceeding $15,000, exclusive of interest and costs, along with attorneys' fees and other relief deemed appropriate by the Court. Specific categories included economic damages, non-economic damages for pain and suffering, loss of life expectancy, loss of earning capacity, and Daniel Anderson's loss of consortium claim.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Jennifer Anderson and Daniel Anderson
· Counsel for Plaintiffs: Peter M. Dreyer | Sarah A. Ricciardi
· Experts for Plaintiff: Kimberly S. Gecs | Noah A. Goldman | Larry J. Copeland
Defendant: The Westchester Medical Group, P.C. d/b/a Westmed Medical Group
· Counsel for Defendant: Nancy P. Tyler | John F. Costa | Michael G. Durham
Claims
The Andersons brought four counts against Westmed. The first two counts alleged vicarious liability, holding Westmed responsible for the negligent acts of its employee, Dr. Carroll. The Plaintiffs argued that Carroll repeatedly failed to recommend colposcopies despite Mrs. Anderson's persistent HPV 16-positive results, did not properly assess her cervical cancer risk, and mishandled laboratory test orders all falling below the accepted standard of care.
The third and fourth counts targeted Westmed's own institutional failures. The Plaintiffs alleged that Westmed acquired Putnam Gynecology & Obstetrics, P.C. around 2015, brought on Dr. Carroll as an employee, and took possession of patient records from the prior practice. During the transition, Westmed destroyed portions of patient medical records rather than scanning and retaining them in full, relying on staff who received no training in records retention laws.
The complaint also alleged that Westmed's electronic medical records system possessed the capability to flag patients with high-risk HPV results for appropriate follow-up, but the organization chose not to implement that feature. The Plaintiffs further pointed to a prior incident in November 2018, when another young patient of Dr. Carroll was found to have advanced cervical cancer after multiple missed high-risk HPV results. The Plaintiffs argued that Westmed knew or should have known at that point that Carroll was not following proper screening protocols, yet it took no steps to audit Carroll's other patients or intervene.
Defense
Westmed admitted several key facts, including that Dr. Carroll was its employee, that the 2015 and 2018 HPV 16-positive results occurred as described, and that Carroll did not perform colposcopies at those visits. However, Westmed denied all allegations of negligence and causation.
The defense raised two special defenses. First, it argued that the Plaintiffs already received $7.9 million from a settlement with Dr. Carroll, who was originally a co-Defendant but withdrew from the case after the settlement. Westmed contended that because the vicarious liability claims in the first two counts were based on Carroll's identical conduct, allowing additional recovery would amount to a double recovery for the same negligence. Second, citing the Connecticut Supreme Court's decision in Alvarez v. New Haven Register, Inc., the defense argued that the settlement and release of Dr. Carroll also released any vicarious liability claims against Westmed as the employer.
Jury Verdict
On April 9, 2026, a jury in the Connecticut Superior Court, Judicial District of Stamford-Norwalk, returned a verdict in favor of the Plaintiffs, Jennifer and Daniel Anderson, and against The Westchester Medical Group, P.C. d/b/a Westmed Medical Group.
The jury awarded Jennifer Anderson $1,000,000 in economic damages and $38,000,000 in non-economic damages. Daniel Anderson received $10,000,000 for loss of consortium. The jury foreperson, Wendy Ostroff, signed the verdict form, which was ordered and accepted by Judge Carlos Cajas on April 9, 2026.
This verdict was in addition to the $7.9 million that Dr. Carroll previously paid to settle the claims against her individually before her withdrawal from the case.
Court Documents
