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Medical Malpractice - Verdicts & Settlements

Family awarded $3.5M in wrongful death suit

- HEIDI RUCKNO

The family of a Tunkhannock woman who died last year after complications from gall bladder surgery will receive a $3.5 million settlement from the Geisinger Health System.

Lori D. Kashinsky, then 50, died on July 29, 2006, in Geisinger Wyoming Valley Medical Center, Plains Township.

Claiming she received negligent care, Lori's husband, Robert Kashinsky, and sons Robert Jr., Patrick and Peter, sued the hospital for wrongful death and emotional distress.

Also named in the lawsuit were Dr. Alejandro Gruneiro, Dr. Robert Madeira and Dr. Ashih Mukherjee, court documents indicated.

The hospital first proposed the settlement on Aug. 17, according to the documents filed on Tuesday by Joe Quinn, the family's attorney.

According to the documents, Robert Kashinsky Sr. was awarded $1,038,800 for emotional distress. Robert Kashinsky Jr. and Patrick Kashinsky were each awarded $408,100 for their emotional distress claim, court documents said.

Peter Kashinsky was not present at the time of his mother's death, so he did not have an emotional distress claim.

The $1,645,000 balance will be allocated to settle the wrongful death claims.

Geisinger representatives had little to say about the settlement, stating only that the hospital was satisfied with the outcome.

“The matter was resolved to the satisfaction of both parties,” said Geisinger spokesman Dave Jolley.

Quinn, however, declined to comment on the case. A large portion of the settlement will go to his firm to cover attorneys' fees and court costs.

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