Insurer must pay $13.6M after hospital death

Hospital settles medical malpractice suits with two families for $5M

Pennsylvania Law Weekly - Volume XXIV, Number 37
September 10, 2001

Verdicts and Settlements

YAGLOWSKI V. SHAH $6.8 MILLION SETTLEMENT

Date of Verdict or Settlement: June 4, 2001.

Court and Case Number: C.P. Luzerne No. 3793-C of 1999.

Judge: Michael Conahan.

Type of Action: Medical malpractice.

Injuries: Brachial plexopathy; chronic pain.

Plaintiff(s) Attorney(s) : Joseph A. Quinn Jr., Michelle M. Quinn, David Aikens Jr., Wilkes-Barre.

Defense Attorney(s) : Eugene Feeney, Scranton, for defendant Nareshkumar Shah only; Mark Perry, Scranton.

Plaintiff(s) Expert(s) : Clifford Beinart, M.D., radiology; Peter Corey, M.D., surgery; William Dupree, M.D., pathology; Richard Fischbein, M.D., psychiatry; Stephanie Flicker, M.D., radiology.

Defense Expert(s) : Jonathan Lewis, M.D., surgery; Arthur Patchefsky, M.D., pathology.

Comments: Tara Yaglowski presented to her family physician in September 1996, complaining of left axillary pain. Chest and shoulder X-rays were performed at defendant Nesbitt Memorial Hospital and were interpreted by defendant doctor Nareshkumar Shah as negative. Yaglowski argues a defined pleural-based mass was actually evident.

Over the next two years, the tumor grew into the thoracic outlet so that by the time the lesion was diagnosed, negative margins could not be obtained. Ultimately, several of Yaglowski s ribs were removed, as well as her clavicle, subclavian vein and the upper lobe of her left lung.

During his deposition, Shah acknowledged Yaglowski's lesion was visible on the 1996 X-ray and that he had no excuse for failing to detect it. The plaintiffs also had evidence that Shah interpreted 8,000 more X-rays in 1996 than the national guidelines and hospital guidelines allowed.

After jury selection and the plaintiff's opening, the defendants tendered all available insurance coverage.