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Personal Injury Verdicts & Awards

DEFENDANTS SETTLE ACTION OVER MISINTERPRETED X-RAY

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.

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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