Plaintiff asks to settle wrongful death suit over colon cancer diagnosis

Amelia Flood Apr. 25, 2011, 10:00am


The estate of a woman who sued the owner of Heartland Healthcare is asking Madison County Circuit Judge David Hylla to approve the settlement of her case.

Plaintiff Tracy Whitford, on behalf of the estate of Mary Edwards, filed her motion to settle the wrongful death claim her mother filed in 2008 against Dr. Kevin Konzen and Granite City Physicians Corp., doing business as Heartland Healthcare, April 25.

Mary Edwards filed suit on claims that Konzen failed to properly diagnose her colon cancer and order tests appropriate to her age.

Following her death, Whitford, Edwards' daughter, took over as the plaintiff in the case.

The defendant denied the claims.

The case had been set for trial earlier this month. However, the parties settled.

The April 25 filing indicates that the Edwards estate is settling with Heartland Healthcare.

The plaintiff dismissed claims directed at Konzen previously.

The settlement amount is confidential, according to the April 25 motion.

The amount will be revealed to Hylla in camera for his approval.

The defendant does not admit fault under the settlement.

Whitford's attorneys from the firm of Schoen Walton Telken & Foster LLC will be paid out of the settlement as will their costs.

Whitford will receive 25 percent of the settlement with each of her three adult siblings also receiving 25 percent apiece pending Hylla's approval.

Upon receipt of the settlement, Whitford will dismiss her suit with prejudice.

Hylla is set to hear the plea May 20 at 9:30 a.m.

Paul Schoen represents Whitford.

Stephen Potter represents the defendants

The case is Madison case number 08-L-172.

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