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Personal Injury Verdicts & Awards

Lawyer claims at trial that X-ray was misread

May 31, 2001

By Tim Gulla
Staff Writer

In a lengthy opening statement on Wednesday an attorney for a Swoyersville woman who is suffering from a tumor that went undetected for two years took aim at an area hospital system.

Tara Yaglowski is seeking damages from an area doctor, Wyoming Valley Health Care System and Nesbitt Memorial Hospital because no one spotted a tumor in a September 1996 X-ray of her chest.

When the much larger tumor was finally spotted in a 1998 X-ray, Yaglowski allegedly was forced to undergo severely disfiguring but ultimately unsuccessful surgeries to remove the growth.

Attorney Joseph Quinn, who represents Yaglowski, argued that his medical experts would say the misread X-ray in 1996 was "inevitable" because the hospital overworked its radiologists.

It is alleged that Dr. Nareshkumar Shah, the radiologist who reviewed the 1996 X-ray for Yaglowski s family physician, has acknowledged that he misread the X-ray in reporting it to show no abnormalities.

Quinn is alleging that normal guidelines call for radiologist to review between 10,000 and 15,000 films a year.

Records obtained only one week ago reportedly showed that Shah conducted 23,896 studies in the 1996-1997 fiscal year.

Quinn argued this number did not include consultations Shah did at other facilities. He also pointed out that Shah had many other duties within the hospital system.

Quinn argued that the four radiologists at Nesbitt Memorial Hospital were "forced" to read more than 20,000 X-rays, well above the normal guidelines.

"What happened on Sept. 17 (1996) was inevitable," he argued.

Quinn further argued that Dr. Shah wrote a letter to his superiors on Oct. 28, 1996, in which he requested the hiring of additional radiologists.

The attorney further argued that the hospital had a policy of giving productivity bonuses as an incentive for its radiologists to read more X-rays.

During Yaglowski's surgeries, several portions of her ribs were removed, as was a portion of her clavicle. The operations have left her disfigured and her left arm "non-functional," Quinn argued.

The attorney argued that Yaglowski, who works as a veterinarian's assistant, lives in chronic pain.

Should further operations be required, Yaglowski could face the possibility of a "fore-quarter" amputation, Quinn told the jury.

During the opening statements, the panel saw photographs of Yaglowski's scars and the result of the operation that removed her clavicle.

The attorneys for Dr. Shah and Wyoming Valley Health Care System and General Medical Services will present their opening statements Thursday morning.

PLEASE NOTE: Every case is fact specific, and these results do not guaranty the same results will be obtained in a different case.

About HKQ Law

Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms that has had the privilege of representing more families in the courtroom than any other NEPA firm. The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Report, and have received the AV Preeminent Rating by Martindale-Hubbel. HKQ Law was recently recognized for one of the top 20 Verdicts in Pennsylvania.

The firm’s Personal Injury Team, led by Attorney Joe Quinn, Jr., has won some of the largest verdicts and settlements in the region's history. The Personal Injury Team 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 across multiple categories 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 or by calling (800) 760-1529.



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