Wrongful Death Suit Filed in Death of Plymouth Man
December 1, 2016 - Luzerne County Docket No. (2016-9029) Complaint available upon request -
Attorney Joseph A. Quinn, Jr.
Attorney Kevin C. Quinn
A Plymouth, Pennsylvania woman has filed a lawsuit in the Luzerne County Court of Common Pleas alleging that her husband’s death from lung cancer in April of 2015 was caused by the failure of his Geisinger physicians to advise him for more than 4 years of a suspicious finding of a small mass in his right upper lung.
In a Complaint filed on November 16, 2016 by her attorneys, Joseph A. Quinn, Jr. and Kevin C. Quinn of Hourigan, Kluger & Quinn, P.C., Jane Davis, acting on her own behalf and as the Court-appointed representative of the Estate of Barry Davis, her deceased husband, alleges that a routine pre-operative chest x-ray performed on her husband by Geisinger Radiologist Dr. Joseph Bruno in May, 2010 revealed a suspicious 2.5 cm nodule in her husband’s right upper lung but neither she nor her husband were advised of that finding until September, 2014. By then, the cancerous mass had grown to 5.6 x 3.4 x 4.7 cm and, soon thereafter, spread to Mr. Davis’ lymph nodes and eventually to his brain and liver. Mrs. Davis alleges in her Complaint that her husband died a painful, horrific death that could have been avoided if he had been timely notified of Dr. Bruno’s 2010 x-ray finding and given at least the opportunity to fight his cancer while he still had a chance. According to Mrs. Davis’ Complaint, Dr. Bruno not only diagnosed the small mass in her husband’s right upper lung in May of 2010 but also specifically recommended at that time that a follow up diagnostic CT scan be performed so it could be further evaluated but none of Mr. Davis’ Geisinger physicians ever followed up on that recommendation until it was too late.
The Complaint further alleges that what occurred in this case is particularly inexcusable since two of the named Defendants, Dr. David Mariner, a Geisinger Vascular Surgeon, and his Assistant, Robert C. Skasko, PA-C, electronically accessed and read Dr. Bruno’s May 2010 x-ray report and recommendations within 24 hours of that study, and thereafter proceeded to perform a planned vascular surgery on Mr. Davis, but never notified him of Dr. Bruno’s findings or recommendations. According to the Complaint, two of the other named Defendants, Dr. Gunnar Kosek, Mr. Davis’ Geisinger primary care physician, and Dr. Bharati Eshwar, a Geisinger Anesthesiologist, also had electronic access to Dr. Bruno’s x-ray findings and recommendations but never advised Mr. Davis of them either.
Also named as Defendants are Geisinger Wyoming Valley Medical Center and Geisinger Clinic, in their own right and acting through various entities and agents. The Complaint includes wrongful death and survival claims as well Mrs. Davis’ claim for negligent infection of emotional distress and seeks both compensatory and punitive damages against all Defendants.
Hourigan, Kluger & Quinn, PC is led by Attorney Joseph Quinn, one of the Top 100 trial lawyers in the nation. Eighteen lawyers strong, HKQ Law represents Personal Injury, Business Law and Personal Law clients in Lackawanna, Luzerne and surrounding northeastern PA counties for more than half a century. HKQ Law has won some of the largest verdicts and settlements in the region's history, totaling over a half billion dollars on behalf of injured clients, and was recently recognized for one of the top 20 Verdicts in Pennsylvania, 2015.
The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Reports, and have received the AV Preeminent Rating by Martindale-Hubbel. Additional information can be found at www.HKQLaw.com or by calling (800) 760-1529.
About Hourigan, Kluger & Quinn, PC
Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms in Northeastern Pennsylvania. The firm’s Personal Injury Team has won some of the largest verdicts and settlements in the region's history and was recently recognized for one of the top 20 Verdicts in Pennsylvania.
The Personal Injury Team, led by Attorney Joseph A. Quinn, Jr. focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).
Attorney Joseph A. Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania) honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm for personal injury and medical malpractice litigation in Northeastern Pennsylvania and the Lehigh Valley.
Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.
Additional information can be found at www.HKQLaw.com or by calling (800) 760-1529.