Case Results

In June of 2018, Garau Germano attorneys Jerry Garau and Barbara Germano obtained a $15,000,000 jury verdict against a central Indiana diagnostic imaging facility. The case arose when a radiologist at the imaging facility failed to report a suspicious finding on a patient’s CT scan. As a result, the patient’s rectal cancer went undiagnosed for an additional 18 months, during which time the cancer grew and spread, substantially worsening the patient’s chances of surviving the disease. Garau Germano’s attorneys employed an innovative legal theory to hold the imaging center liable and avoid the Indiana Medical Malpractice Act’s damages cap, which would have limited the patient’s recovery to $1.25 million. Webster v. CDI Ind., LLC, 337 F. Supp. 3d 818, 820 (S.D. Ind. 2018). Read more about the case here:

• https://www.radiologybusiness.com/topics/healthcare-economics/judge-rejects-plea-decrease-15m-radiology-medical-malpractice-suit
• https://www.theindianalawyer.com/articles/47337-jury-awards-15m-after-indiana-cancer-patients-misread-ct-scan
• https://www.theindianalawyer.com/articles/47998-judge-rejects-defense-bid-to-slash-jurys-15m-med-mal-award

In September of 2013, Garau Germano attorney Jerry Garau obtained a $5.68 million jury verdict against a Bloomington, Indiana cardiologist. The cardiologist had performed a cardiac catheterization on the patient. Following the procedure, the patient developed a complication known as cardiac tamponade. The cardiologist was aware of the patient’s condition, but failed to see and treat the patient, and failed to arrange for another physician to see the patient. The client died as a result. The jury returned the $5.68 million verdict, which was then reduced by the court to $1.25 million, the maximum amount recoverable under the Indiana Medical Malpractice Act. Tatlock v. Bloomington Hosp., et. al, Cause No.: 53C06-0812-CT-03249. Read more about the case here:

• https://www.reliasmedia.com/articles/30885-lrc-failure-to-follow-up-on-coronary-artery-perforation-results-in-5-68-million-verdict-from-jury

Garau Germano attorney Jerry Garau obtained a $2.5 million jury verdict against a Terre Haute gastroenterologist in March of 2011. The gastroenterologist had chosen not to perform a colonoscopy to investigate his patient’s complaints of rectal bleeding. Because of the gastroenterologist’s decision, his patient’s colon cancer went undiagnosed for more than two years. By the time the cancer was finally diagnosed, it had spread to the patient’s liver, making a cure nearly impossible. After the jury returned the $2.5 million verdict, the verdict was reduced by the court to $1.25 million, the maximum recovery allowed under the Indiana Medical Malpractice Act. The gastroenterologist appealed, and the Indiana Court of Appeals affirmed the jury’s verdict. Morse v. Davis, 965 N.E.2d 148 (Ind. Ct. App. 2012). Read more about the case here:

• https://www.tribstar.com/news/local_news/vigo-jury-awards-m-in-medical-malpractice-case/article_6d1ba242-5331-533a-b626-04fb0187745a.html

In February of 2013, Garau Germano attorney Jerry Garau obtained a $2 million verdict against an Evansville hospital for the hospital’s administration of more than 100 times the intended dose of radioactive iodine to a minor patient. The radioactive iodine was being administered to the patient as part of a test. Because of the overdose, the patient had a significantly increased risk of developing thyroid cancer and required monitoring for thyroid cancer for the remainder of her life. The jury’s verdict was reduced by the court to $1.25 million, the maximum award permitted under Indiana’s Medical malpractice Act. Read more about the verdict here:

• http://www.juryverdicts.net/IN4-13.pdf

In December of 2016, Garau Germano attorney Jerry Garau secured a $1.6 million settlement for a client who was injured when the bicycle he was riding collided with a car in Bloomington, Indiana. The driver of the car turned directly into the path of the cyclist, who had no opportunity to avoid the collision. The cyclist suffered lower leg fractures and a head injury requiring extensive surgery, treatment and rehabilitation.

In 2020 and 2021, Garau Germano attorney Jerry Garau obtained settlements totaling $1.55 million for the family of a patient who died following a hysterectomy. The settlements included a $300,001 settlement with the negligent health care providers and a $1.25 million settlement with the Indiana Patient’s Compensation Fund, the maximum recovery allowed under Indiana’s Medical Malpractice Act.

The patient was a 45-year old wife and mother who underwent a total vaginal hysterectomy. Following surgery, the patient’s blood pressures plummeted. The nursing staff at the hospital performed no interventions and did not notify the surgeon for more than two hours after the patient’s first low blood pressure reading. When notified, the surgeon ordered that fluids be administered, but did not come to see his patient. The patient continued to be hypotensive after receiving fluids, but no interventions or investigation into the cause of the hypotension was undertaken. Despite repeated requests, the surgeon never came back to the hospital to see his patient. Finally, eight hours after the patient’s first low blood pressure reading, she was diagnosed by an emergency department physician with post-operative bleeding and rushed to another hospital for emergency surgery. She did not survive the operation.

Garau Germano filed suit against the hospital and surgeon and obtained a settlement of $300,001 which satisfied the health care provider’s maximum liability under the Medical Malpractice Act and permitted the patient’s family to seek additional damages form the Indiana Patient’s Compensation Fund. The Fund settled the case for its maximum liability of $1.25 million.

Garau Germano attorney Jerry Garau represented a client who was injured when a driver turned left into traffic, colliding with the car in which the client was a passenger. Following the collision, the client was treated at a local hospital where a compression fracture in her back was undiagnosed and untreated by emergency room personnel. The fracture went undiagnosed for several months, leading to severe pain and impairment for the client. Mr. Garau obtained a settlement of $690,000 from the driver of the car which caused the collision, then proceeded to pursue a medical malpractice action for the failure to diagnose the compression fracture. After resolving the claim with the health care provider, Mr. Garau obtained a $725,000 settlement from the Indiana Patient’s Compensation Fund.

In 2019, Garau Germano attorney Jerry Garau secured a $1.4 million settlement from the Indiana Patient’s Compensation Fund for a mother and daughter who each suffered injuries during the daughter’s delivery as a result of the improper application of a vacuum extractor. The daughter suffered external head bruising and a traumatic subdural hematoma during the vacuum procedure used at birth, resulting in neurological deficits. The mother suffered pelvic floor injuries as a result of the improper use of the vacuum. Mr. Garau negotiated a settlement with the health care provider which enabled both the mother and daughter to access the Patient’s Compensation Fund. Mr. Garau then obtained a settlement from the Fund for the daughter of an additional $1 million, the maximum settlement allowed under the terms of the Indiana Medical Malpractice Act, and an additional $400,000 for the mother.

In 2020, Garau Germano attorney Jerry Garau obtained a $1.187 million recovery for the family of a man who died as a result of his physician’s failure to timely diagnose renal cancer. The patient had seen his primary care physician for a number of years. During those visits, routine urinalyses had consistently shown microscopic blood in the urine (microhematuria). Despite the persistent presence of microhematuria, the patient was not referred to a urologist, and no CT scan was ordered to evaluate for possible cancers. When the patient was finally diagnosed with renal cancer, the cancer had already spread outside the patient’s kidneys, making a cure impossible. Garau Germano sued the primary care physician and obtained a settlement of $187,001 which represented the health care provider’s maximum liability under the Indiana Medical Malpractice Act. Garau Germano then pursued a claim for additional damages against the Indiana Patient’s Compensation Fund, and obtained a $1 million settlement from the Fund. The $1 million recovery from the Patient’s Compensation Fund was the maximum recovery permitted by Indiana’s Medical Malpractice Act.

In 2019, Garau Germano attorney Shan Bryant-Haase obtained a $1 million settlement from the Indiana Patient’s Compensation Fund in a case involving a health care provider’s failure to properly intubate a child during surgery. As a result, the child aspirated and died. Ms. Bryant-Haase was able to negotiate a settlement with the health care provider which allowed access to the Patient’s Compensation Fund. Ms. Bryant-Haase obtained a settlement from the Fund for the maximum amount allowed under the terms of the Indiana Medical Malpractice Act.

In 2020, Garau Germano attorney Shan Bryant-Haase obtained a $1 million dollar settlement from the Indiana Patient’s Compensation Fund in a case involving a health care provider’s failure to recognize fetal distress during a mother’s labor which resulted in the stillborn birth of her baby girl. During labor, the fetal monitoring strips recording the baby’s heart rate showed the baby was in distress. The nurses failed to recognize the abnormal fetal monitoring strips and failed to notify the physician in a timely manner. Ms. Bryant-Haase was able to negotiate a settlement with the health care provider which allowed access to the Patient’s Compensation Fund. Ms. Bryant-Haase obtained a settlement from the Fund for the maximum amount allowed under the terms of the Indiana Medical Malpractice Act.

In 2016, Garau Germano attorney Barbara Germano obtained for her clients a settlement for $1 million from the Indiana Patient’s Compensation Fund. The case involved the failure by health care providers to properly read and respond to a chest x-ray which showed an enlarged heart in an infant girl. In addition to the enlarged heart, the girl was also exhibiting other signs and symptoms consistent with congestive heart failure. The health care providers failed to provide timely treatment and the girl died. After negotiating a confidential settlement with the health care providers which granted her clients access to the Patient’s Compensation Fund, Ms. Germano was able to obtain a settlement from the Fund for the maximum amount allowed under the Indiana Medical Malpractice Act.

In 2020, Garau Germano attorney Jerry Garau obtained a $1,000,000 recovery from the Indiana Patient’s Compensation Fund in a case involving the failure to diagnose malignant melanoma. A primary care physician removed a mole from his patient’s abdomen. The removed mole was sent to pathology. The pathology report noted the likelihood of melanoma and recommended re-excision with complete removal of all suspicious cells. The primary care provider chose not to perform re-excision and not to tell his patient of the pathology findings. As a result, the patient’s melanoma went undiagnosed and untreated for nearly four years. By the time the melanoma was diagnosed, the patient had metastatic disease. Attorney Garau was able to obtain access to the Indiana Patient’s Compensation Fund for the patient, and to obtain a recovery from the Fund of $1,000,000, the maximum allowable recovery for the patient’s injury under the Indiana Medical Malpractice Act.

In 2020, Garau Germano attorney Jerry Garau obtained the maximum recovery of $1,000,000 from the Indiana Patient’s Compensation Fund in a case involving a misplaced left subclavian catheter. The catheter had been placed in the aorta rather than the subclavian vein. The misplacement was apparent on a CT scan taken after the placement of the catheter, but was not noted by the radiologist reviewing the scan. After the CT scan showing the misplacement, the patient suffered a massive stroke when a bubble study was performed using the misplaced catheter. The patient ultimately died from her injuries. Attorney Garau was able to gain access to the Patient’s Compensation Fund and settle the case for $1,000,000, the maximum recovery allowed under Indiana’s Medical Malpractice Act.

In 2021, Garau Germano attorney Shan Bryant-Haase obtained the maximum settlement of $1,000,000.00 from the Indiana Patient’s Compensation Fund in a case involving a health care provider’s failure to diagnose pre-eclampsia in a pregnant mother. The mother presented to the health care providers on multiple occasions with symptoms consistent with pre-eclampsia but the providers failed to diagnose pre-eclampsia and failed to treat her appropriately. When the mother was finally admitted for her symptoms, the health care providers failed to perform a Cesarean section in a timely manner. The mother suffered a placental abruption and her baby did not survive. Ms. Bryant-Haase was able to negotiate a settlement with the health care providers which allowed access to the Patient’s Compensation Fund.

In 2019, Garau Germano attorney Barbara Germano obtained a settlement for $1 million from the Indiana Patient’s Compensation Fund for a patient who suffered bowel injuries during a lysis of adhesions surgery. The patient was required to undergo multiple surgeries in an attempt to correct the damage caused by the bowel injuries, but those surgeries were unsuccessful and the patient ultimately developed short gut syndrome. Ms. Germano was able to negotiate a settlement with the health care provider which enabled the patient to access the Patient’s Compensation Fund. Ms. Germano was then able to obtain a settlement from the Fund for an additional $1 million, the maximum settlement allowed under the terms of the Indiana Medical Malpractice Act.

In 2019, Garau Germano attorney Jerry Garau obtained a $1 million settlement from the Indiana Patient’s Compensation Fund for the estate of a woman who died as a result of a radiology group’s failure to diagnose her breast cancer. The woman had undergone multiple mammograms in the years preceding her death. Those mammograms showed abnormalities which were not recognized or followed up on by the radiologists who reviewed the studies. By the time the cancer was finally discovered, it had spread and cure was impossible. Mr. Garau negotiated a settlement with the Fund for $1 million, the maximum recovery from the Fund permitted under the Indiana Medical Malpractice Act.

In 2019, Garau Germano attorney Jerry Garau obtained a $1 million settlement from the Indiana Patient’s Compensation Fund for a child injured at delivery. The child’s mother had presented to the hospital with signs of preeclampsia, a pregnancy complication characterized by high blood pressure. The mother also had a history of placental abruption. Fetal monitor strips on admission showed the mother’s child to be in distress. The mother’s condition when she presented to the hospital required immediate physician attention and prompt delivery. Unfortunately, no physician evaluated the mother for more than two hours after her arrival, and a C-section was not commenced until nearly three hours after the mother’s arrival. The child was delivered severely depressed, and has been diagnosed with cerebral palsy secondary to placental abruption. Mr. Garau negotiated a settlement with the Fund for $1 million, the maximum recovery from the Fund permitted under the Indiana Medical Malpractice Act.

In 2019, Garau Germano attorney Shan Bryant-Haase obtained a $1 million settlement from the Indiana Patient’s Compensation Fund in a case involving the death of a toddler when his health care providers failed to follow-up on signs and symptoms consistent with an undiagnosed heart defect. Ms. Bryant-Haase was able to negotiate a settlement with the health care provider which allowed access to the Patient’s Compensation Fund. Ms. Bryant-Haase obtained a settlement from the Fund for the maximum amount allowed under the terms of the Indiana Medical Malpractice Act.

In 2020, Garau Germano attorney Jerry Garau obtained a $1 million recovery from the Indiana Patient’s Compensation Fund for a family whose daughter suffered hypoxic ischemic encephalopathy as a result of a negligent delivery. The health care providers allowed the second stage of labor to continue for more than six hours. Despite the presence of worrisome signs on the fetal heart tracings and meconium stained amniotic fluid, the health care providers did not intervene to deliver the child by C-section. The health care providers also failed to properly respond to the child’s shoulder dystocia at delivery. Despite the numerous problems during the course of the delivery, there was no pediatrician present at the delivery to provide resuscitative care, and a failure to properly monitor the child following delivery. As a result of these breaches of the standard of care, the child suffered hypoxic ischemic encephalopathy leaving her with permanent cognitive disabilities. The $1 million recovery from the Patient’s Compensation Fund was the maximum recovery permitted by Indiana’s Medical Malpractice Act.

In 2019, Garau Germano attorney Shan Bryant-Haase obtained a $995,000.00 settlement from the Indiana Patient’s Compensation Fund in a case involving injuries a young, pregnant mother sustained when her labor was negligently induced, causing her to hemorrhage and undergo an emergency hysterectomy after her baby was born. Ms. Bryant-Haase was able to negotiate a settlement with the health care provider which allowed access to the Patient’s Compensation Fund.

In 2019, Garau Germano attorney Shan Bryant-Haase obtained a $995,000.00 settlement from the Indiana Patient’s Compensation Fund in a case involving the death of a mother from the failure to diagnose and treat sepsis. The settlement was for the benefit of the mother’s surviving minor child. Ms. Bryant-Haase was able to negotiate a settlement with the health care provider which allowed access to the Patient’s Compensation Fund.

In 2019, Garau Germano attorney Barbara Germano obtained a $975,000 settlement from the Indiana Patient’s Compensation Fund in a case involving the heath care provider’s failure to diagnose and treat a patient’s breast cancer. The patient had undergone a screening mammogram which revealed a developing asymmetry. The healthcare provider saw the asymmetry, but concluded that it was a benign lymph node without performing an ultrasound or a biopsy. As a result, the patient’s breast cancer went undiagnosed and untreated for 4 ½ years. During that time, the patient’s cancer spread to her lymph nodes which adversely impacted her treatment options and worsened her chances of long term survival. Ms. Germano brought suit on behalf of the patient and her husband against the health care provider. After negotiating a settlement with the health care provider which allowed her clients to access the Patient’s Compensation Fund, Ms. Germano was able to obtain a settlement from the Fund for an additional $975,000.

In 2019, Garau Germano attorney Jerry Garau negotiated an $800,000 settlement with the Indiana Patient’s Compensation Fund for a client who had lost hearing in one ear as a result of medical malpractice. The injury occurred when the client’s health care providers had allowed the disinfectant ChloraPrep to come into contact with the client’s inner ear during a surgical procedure.