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Personal Injury Verdicts & Awards

Trial begins in medical malpractice case

The Citizens' Voice - Wilkes-Barre, PA

By Tim Gulla
Staff Writer

Following a full day of jury selections on Tuesday, testimony will begin today in an area woman's medical malpractice claim against an area doctor and hospital system.

Attorneys for Tara Yaglowski, Swoyersville, contend that an area doctor missed the signs of a desmoid tumor in a 1996 X-ray and that a two-year delay in diagnosis and treatment led to disfiguring and unsuccessful surgeries to remove the tumor.

"You'll hear that everyone now admits a tumor was clearly visible (on the 1996 X-ray)," Yaglowski's attorney, Joseph Quinn, told the jury panel during selections on Tuesday.

Named as defendants in the civil action are Dr. Nareshkumar Shah, who read the 1996 X-ray for Yaglowski's family physician; General Medical Services; Wyoming Valley Health Care System and Nesbitt Memorial Hospital.

According to court documents filed in the case, Dr. Shah has admitted that he misread the 1996 X-ray as normal.

Attorneys for the hospital system argued in court documents that there is no evidence of corporate negligence in this case.

Attorney Quinn is arguing that the hospital system is responsible for the actions of its agents and that the hospital system violated its own guidelines by requiring its radiologist to review an "inappropriate number" of X-rays in 1996.

Quinn is alleging that hospital guidelines called for radiologistS to review 15,000 films a year. Shah allegedly read more than 16,000 films and reviewed more than 1,000 additional studies as a consultant.

In addition, Quinn alleged in court documents that Shah devoted portions of his time to nuclear medicine and was chief of radiology at Nesbitt Memorial Hospital.

Court documents indicate that Yaglowski went to her family physician on Aug. 30, 1996, with complaints of shoulder discomfort and tenderness in the left chest wall and left arm. An X-ray was performed on Sept. 16, 1996, and sent to Dr. Shah, who allegedly interpreted the X-ray on Sept. 17, 1996, to show "no abnormality."

Based on Shah's report, Yaglowski's family physician reportedly advised her that she was probably suffering from tendinitis. The doctor reportedly recommended ice, moist heat and pain reliever.

On Sept. 2, 1998, Yaglowski reportedly returned to her family physician with complaints of worsening pain in her left shoulder and upper ribs.

A new X-ray showed she had a lesion measuring 7.5 centimeters by 2.5 centimeters in her left upper chest, according to court documents.
A CT scan reportedly confirmed the presence of a tumor.

Reportedly, Yaglowski underwent a surgery on Sept. 24, 1998, that included the resection of several ribs and the reconstruction of her chest wall. Despite the surgery the tumor could not be completely excised.

Yaglowski then underwent six weeks of radiation, according to court documents.

In January 2000, Yaglowski underwent a second surgery that included the resection of three ribs, and the removal of the left clavicle and subclavian veins.

Judge Michael Conahan is presiding over the case, which is expected to last into next week.

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

About Hourigan, Kluger & Quinn, PC

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 Reports, 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, totaling over a half billion dollars on behalf of injured clients. 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 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.

				

 

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