Valparaiso couple awarded $26M after medical center found to be negligent
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A Valparaiso couple was awarded $25.8 million in damages by a Lake County jury after a medical center failed to transfer test results that contained information about the husband’s cancer diagnosis.
According to a news release from Allen Law Group, the plaintiff, 70-year-old George “Tim” Yaros, had blood work done Oct. 4, 2017, at the St. Mary Medical Center in Valparaiso.
The results of that work showed Yaros had localized cancer. However, the medical center never sent those results to the specialist who ordered the blood work, and Yaros’s cancer was not discovered until 13 months later.
By the time the cancer was discovered, the tumor had grown to Stage IV and Yaros went into renal failure. While Yaros survived, he now requires dialysis and lifetime treatment.
Yaros was awarded $21.8 million, while his wife was awarded $4 million for the suffering she experienced during her husband’s diagnosis and treatment.
“Before trial, an independent medical review panel, required under Indiana law, found that St. Mary Medical Center had failed to comply with the appropriate standard of care,” said injury attorney Kenneth Allen, who represented the couple in the case. “And while Indiana law also mandates reduction of large malpractice awards, important jury verdicts like this send a clear message: if hospitals negligently cause harm, they’ll be fully held to account. Make no mistake, the true purpose here is to deter carelessness and enhance patient safety, and this verdict does just that.”
“We are thankful for the jury’s hard work and their verdict, but it can’t begin to replace what St. Mary’s negligence has taken from us,” said Tim Yaros.
“We only wanted to have our day in court, and to prevent this from happening to another, younger patient,” said LaVonne Yaros.
The same day the Yaros’ were awarded their damages, the Lake Superior Court denied the medical center’s motion for judgment on the evidence.
Judge John Sedia wrote that there was no lack of quantitative or qualitative evidence against the medical center.
“Had St. Mary timely sent the PSA results to Dr. Barakat on October 4, 2017, and fulfilled the standard of care, either Tim would have timely received the treatment he needed or, at worst, the responsibility for not treating him immediately would have fallen solely on Dr. Barakat,” wrote Sedia.
Further, Sedia said Yaros’s urologist’s name on the cover sheet of the medical center’s fax inferred the medical center knew the urologist was involved and failed to send her the test results.