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Indianapolis medical malpractice attorneys obtain $2 million verdict in Evansville

The Indianapolis medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. obtained a $2 million jury verdict in a case arising from a medication error at an Evansville hospital.
The case involved the administration of a radioactive iodine to a nine-year old girl at Deaconess Hospital in Evansville, Indiana. The patient was undergoing a thyroid uptake and scan, in which a small dose of radioactive iodine is administered in order to assess whether the thyroid gland is functioning properly. As part of the procedure, Deaconess was supposed to administer a dosage of 4 microcuries of a radioactive iodine known as I-131, Instead of 4 microcuries, Deaconess gave the patient 424 microcuries of the radioactive iodine. As a result of the overdose, the patient was required to undergo annual ultrasounds and laboratory studies to monitor for thyroid cancer. As of the date of trial, she had not developed thyroid cancer.
Deaconess's position at trial was that there was little if any damage. From a legal standpoint, Deaconess argued that an increased risk of developing thyroid cancer was not a legally cognizable damage. The trial court rejected this position before trial, and instructed the jury that damages were recoverable for an increased risk of harm.
Factually, Deaconess claimed that the girl's chance of developing thyroid cancer as a result of the overdose had only gone from the 1.44% chance applicable to the general population of white females to 2.67%. Deaconess also argued that even in the unlikely event that Nicole developed thyroid cancer, such cancer was likely treatable and curable.
In response, the patient's lawyers presented the testimony of two nationally renowned experts on thyroid cancer and the effects of radiation exposure. Both experts testified that the patient had a greater than 50% chance of developing thyroid cancer during her lifetime as a result of the overdose. The jury apparently chose to believe the testimony presented by the patient, returning a verdict of $2 million approximately 35 minutes after being given the case. (Although the verdict was for $2 million, the verdict was reduced by the court to $1.25 million as required under Indiana's Medical Malpractice Act. That law limits the recovery against a healthcare provider to a maximum of $1.25 million.)
The case, Ford v. Deaconess Hospital, Inc., Cause No. 82C01-0503-CT-261, was tried in Vanderburgh Circuit Court from February 25-27, 2013. Deborah Pennington and Jerry Garau represented the patient at trial. They and the other experienced medical malpractice attorneys at Garau Germano Hanley & Pennington, P.C. are available to assist patients who have been injured as a result of medication errors or any other form of medical malpractice. 

Indiana Supreme Court hears arguments on uninsured case

On May 10, 2012, the Indiana Supreme Court heard arguments in a case that could profoundly alter hospitals' billing practices. The case, Abby Allen and Walter Moore v. Clarian Health Partners, Inc., arises from hospitals' common practice of billing uninsured patients inflated "charge master" rates for hospital services. Uninsured patients are the only patients who pay the charge master rates. Insured patients and patients covered by Medicare or Medicaid receive the same services at rates steeply discounted from the charge master rates.

Medical review panel process complicated by Indiana Court of Appeals' decision

A recent decision from the Indiana Court of Appeals is causing concern among Indiana medical malpractice lawyers. If the decision stands, it could create significant changes in the way Indiana's medical malpractice attorneys pursue and present their cases.

Indiana medical malpractice lawyers handle birth brain injury cases

The Indiana medcial malpractice lawyers at Garau Germano Hanley and Pennington, P.C. frequently handle cases involving brain injury sustained at birth as a result of the malpractice of a doctor or other health care provider. The injuries sustained in these cases are often devastating, and the cases present significant challenges that require the expertise of an experienced malpractice attorney.

Failure to report lab results frequent source of Indiana medical malpractice

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. frequently handle cases arising from a failure to report abnormal laboratory results. Breakdowns in communications between the lab, the treating physician and the patient lead to untreated conditions and, ultimately, serious injury.

Indiana medical malpractice lawyers see many cases involving misdiagnosed abdominal pain

The Indiana medical malpractice lawyers at Garau Germano Hanley& Pennington, P.C., frequently handle cases involving the misdiagnosis of patients with abdominal pain. Abdominal pain can be caused by a myraid of conditions; some relatively benign, others life-threatening. When doctors or other health care providers fail to take adequate steps to ascertain the cause of a patient's abdominal pain, the results can be tragic.

Indiana medical malpractice lawyers pursue heart attack claims

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. frequently encounter cases where physicians or hospitals have failed to properly treat patients experiencing heart attacks. Medical errors in the diagnosis or treatment of this condition can lead to tragic outcomes.

Indiana medical malpractice lawyers not surprised by study results

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. have long known that errors at hospitals often go unreported. A recent study published in the April edition of the journal Health Affairs confirms just how serious the problem is.