Case Results

In June of 2018, Garau Germano, P.C., 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 2023, Garau Germano attorney Jerry Garau obtained $1.7 million in settlements from the Indiana Patient’s Compensation Fund for the family of a child who died following negligent labor and delivery care. During labor, the mother began experiencing severe abdominal pain and the fetal monitor began showing evidence of fetal distress. Despite these signs, the nurse monitoring the mother chose not to call a physician to evaluate her. Eventually, an ultrasound was performed which indicated a possible placental abruption. A physician was finally called to the bedside and an emergent Cesarean section was performed. Upon performing the C-section, the physician discovered that the mother’s uterus had ruptured. The child was delivered but suffered severe hypoxic ischemic encephalopathy and died five days after delivery. The mother’s uterine rupture caused massive blood loss resulting in the need for transfusions. Because of the uterine rupture, the mother will not be able to bear children again. Garau Germano brought suit alleging negligent care on the part of the personnel responsible for the delivery. After reaching a settlement with the health care providers allowing for access to the Indiana Patient’s Compensation Fund, Garau negotiated a settlement of $1,000,000 for the child’s death, the maximum settlement allowed under the Indiana Medical Malpractice Act for this claim. The Fund agreed to pay a separate settlement of $700,000 for the mother’s injuries.

In August of 2024, Garau Germano attorney Reese Sobol finalized a $1.665 million total settlement for a client whose husband died due to medical negligence. The husband had been treated by a urologist for kidney stones beginning in 2012. Beginning in November of 2019, the urologist received a series of concerning imaging studies and lab reports, but he failed to order appropriate follow-up which would have revealed his patient’s urothelial carcinoma. The cancer was finally diagnosed in September of 2020, but by that time the cancer had spread and was incurable. The patient died less than a month after he was finally diagnosed. Attorney Sobol obtained a $375,001 structured settlement from the physician, which represented the physician’s maximum liability under the Indiana Medical Malpractice Act. That settlement permitted the patient’s widow to pursue a claim for additional damages from the Indiana Patient’s Compensation Fund. The Fund agreed to pay $1.29 million to settle its share of the claim. The Fund’s maximum liability on the claim under the Malpractice Act was $1.3 million.

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 2023 and 2024, Garau Germano attorney Shan Bryant-Haase obtained a settlement totaling $1.55 million for the family of a child who died in utero because of the health care provider’s failure to monitor mom’s pregnancy appropriately. Mom’s pregnancy was a high risk pregnancy with twins complicated by mild hypertension, elevated protein in the urine, and ankle edema. Because of the high risk of injury and stillbirth to the unborn children, the health care providers should have initiated weekly antenatal fetal surveillance with non-stress tests and/or biophysical profiles much sooner in mom’s pregnancy. If the testing showed any distress of the unborn children, interventions could have been implemented. The health care providers failed to order the appropriate antenatal testing until mom was 37 weeks gestation and as a result, one twin had already died in utero. After obtaining a maximum settlement with the health care providers, the family sought additional damages from the Indiana Patient’s Compensation Fund. Ms. Bryant-Haase obtained a settlement from the Fund for $1.25 million which is the maximum settlement allowed under the terms of the Indiana Medical Malpractice Act.

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 pressure 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 from the Indiana Patient’s Compensation Fund. The Fund settled the case for its maximum liability of $1.25 million.

In 2022 and 2023, Garau Germano attorney Jerry Garau obtained settlements totaling $1.54 million for a man whose prostate cancer diagnosis was delayed by more than 3½ years because of substandard medical care. The client was seen by his internist in June of 2015. The internist ordered a PSA level, which came back at 3.9. According to published guidelines, this result should have prompted either consideration of a prostate biopsy, or repeat of the test within 6-12 months. The internist did neither.. The patient returned to the internist in August of 2017, at which time his PSA level was 10.7. This level required referral to a urologist for biopsy, but the internist again took no action. Another PSA was obtained in November of 2018, at which time the level was further elevated to 13.5. The patient was finally referred for biopsy and his prostate cancer was diagnosed at an advanced stage. Garau Germano filed suit against the internist, alleging that the internist negligently failed to respond to the elevated PSA levels and that the failure to appropriately respond to the elevated levels allowed the patient’s prostate cancer to grow and spread. In 2022, the internist agreed to settle the case for $300,001 in a structure which allowed the patient to seek additional damages form the Indiana Patient’s Compensation Fund. In 2023, the Patient’s Compensation Fund settled the claim by agreeing to pay an additional $1.24 million.

In 2021 and 2022, Garau Germano attorneys Barbara Germano and Jerry Garau secured a $1,462,001 total recovery in a case involving a birth injury following a vacuum-assisted delivery. Because of concerning fetal monitor strips, the delivering obstetrician made a decision to hasten delivery through the use of a vacuum extractor. The vacuum was applied but failed to result in the delivery of the baby. Rather than abandon the vacuum and proceed to C-section, as the standard of care required, the obstetrician chose to wait an hour and a half, then apply the vacuum again. As a result of the delay in delivery and head trauma suffered from multiple applications of the vacuum, the baby suffered brain damage and has been diagnosed with cerebral palsy. Garau Germano took the case, alleging the obstetrician was negligent in reapplying the vacuum, and failed to obtain his patient’s informed consent for reapplication of the vacuum. The obstetrician settled the case into the Indiana Patient’s Compensation Fund with a payment of $187,001 in a structure that would pay out $250,000 over time (the obstetrician’s maximum liability under the Indiana Medical Malpractice Act). The Patient’s Compensation Fund settled the claim for the child’s injuries by paying its maximum liability of $1,000,000. Garau Germano also sought recovery under a separate cap for the mother’s emotional distress claim. The Fund argued that its liability was limited to the single $1,000,000 payment it had made for the child’s claim. Garau Germano argued that the mother was an injured patient entitled to recover under her own cap. The Fund ultimately agreed to settle the mother’s claim with an additional payment of $275,000, resulting in a total recovery of $1,462,001.

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 June of 2024, Garau Germano attorney Jerry Garau obtained a $1,250,000 settlement from the Indiana Patient’s Compensation Fund for a child severely injured as a result of healthcare provider negligence in the management of the child’s delivery. The second stage of labor lasted 12 hours, and there was almost no monitoring of the fetal status during that 12-hour span. The child’s mother developed an infection (chorioamnionitis) during the prolonged second stage which led to the child suffering a severe brain injury (hypoxic ischemic encephalopathy). Attorney Garau settled the case with the healthcare provider for a confidential amount which allowed access to the Indiana Patient’s Compensation Fund. The $1.25 million settlement with the Fund was the maximum settlement permitted by the Indiana Medical Malpractice Act.

In 2022, Garau Germano attorney Shan Bryant-Haase obtained the maximum recovery of $1,250,000 from the Indiana Patient’s Compensation Fund in a case involving the health care providers’ negligence during the management of the labor of the mother and delivery of her unborn baby. The health care providers failed to recognize that the fetal heart tracings were showing that the baby was in distress and failed to perform a Cesarean in a timely manner. The health care providers also failed to address the meconium-stained amniotic fluid and the mother’s spiking fever during labor. The mother was allowed to labor too long and when she was close to delivery, the health care provider negligently applied a vacuum and forceps to assist with the delivery, but the delivery failed. The baby was finally delivered by Cesarean but was severely injured and found to have bleeding on the brain and HIE with severe encephalopathy. The baby ultimately died 3 days later from his injuries. After negotiating a settlement with the health care providers to access the Indiana Patient’s Compensation Fund, Ms. Bryant-Haase 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 $1.187 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 2020 and 2021, Garau Germano attorney Jerry Garau obtained settlements totaling $1,150,000 for a woman who suffered injuries following a spinal fusion. During the surgery, the surgeon misplaced three pedicle screws, all of which violated the patient’s spinal canal. The surgeon also misplaced the interbody cage used in the surgery. Following the surgery, the patient had complaints of weakness, numbness, and pain in her back and left leg, and was unable to walk. The surgeon did not order a CT scan to seek a possible explanation for the patient’s problems. The misplaced pedicle screws were finally discovered several months after the surgery by a different physician. Multiple surgeries were performed to remove the hardware placed by the original surgeon and correct his errors, but by this time the patient had suffered a permanent nerve injury. She continued to experience constant pain and burning sensation in her left leg following the corrective surgeries. Attorney Garau secured a maximum settlement of $250,000 from the insurer for the surgeon, and payment of an additional $900,000 from the Indiana Patient’s Compensation Fund.

In 2022, Garau Germano attorney Jerry Garau negotiated settlements totaling $1,147,001 for a client who underwent negligent brain surgery. The client suffered from Chiari malformation, a rare condition in which brain tissue protrudes into the spinal canal at the back of the skull. The condition can cause a buildup of spinal fluid in the brain or spinal canal, leading to neurological symptoms such as headache, neck pain, dizziness, vision and speech problems, and numbness and tingling in the hands and feet. The condition is treated by surgery which removes a small section of the bone at the back of the skull. This provides more room for the brain and restores normal flow of the spinal fluid. In this case, the surgeon removed too much bone from the back of the brain, leading to a condition known as cerebellar ptosis, where the cerebellum descends through the hole created by the surgeon. The client was left with worse symptoms than she had before the surgery. Attorney Garau obtained a $187,001 settlement from the surgeon which allowed access to the Indiana Patient’s Compensation Fund, where he recovered an additional $960,000 for his client.

In June of 2024 Garau Germano attorney Jerry Garau obtained a $1,000,000 settlement from the Indiana Patient’s Compensation Fund in a case arising from the death of a two-year-old child from Rocky Mountain Spotted Fever. The settlement with the Patient’s Compensation Fund was the maximum settlement allowed by Indiana’s Medical Malpractice Act. The circumstances giving rise to this case gained national attention and raised awareness of the need for health care providers to be vigilant in considering Rocky Mountain Spotted Fever as a diagnosis in patients presenting with fever and a rash. The case also highlighted the need for providers to get an adequate history and find out whether the patient has been exposed to tick habitats. Doxycycline is extremely effective in preventing death and serious injury in cases of Rocky Mountain Spotted Fever, but early administration of the drug is crucial.

In 2023, Garau Germano attorney Jerry Garau obtained a settlement of $1,000,000 from the Indiana Patient’s Compensation Fund in a case arising from a negligently performed Cesarean section. As a result of the negligently performed C-section, the child suffered skull fractures and a subgaleal hemorrhage leading to hypoxic ischemic encephalopathy. The child will have severe impairments for the rest of his life. The $1,000,000 settlement with the Patient’s Compensation Fund was the maximum payment permitted by the Indiana Medical Malpractice Act for this claim.

In June of 2023, Garau Germano attorney Jerry Garau obtained a $1 million settlement from the Indiana Patient’s Compensation Fund in a case involving a healthcare provider’s failure to diagnose breast cancer. The settlement represented the maximum amount allowed under Indiana’s Medical Malpractice Act. The case arose from a radiologist’s failure to report and adequately investigate suspicious findings on multiple mammograms taken over the course of several years. The mammograms revealed a mass in the patient’s breast which was not biopsied until long after its first appearance on the mammograms. By the time it was biopsied, the cancerous mass had spread to the patient’s liver and was incurable. The patient died shortly after the cancer was finally diagnosed. Attorney Garau represented the patient’s surviving family members and obtained the maximum award on their behalf.

In 2022, Garau Germano attorney, Shan Bryant-Haase obtained the maximum recovery of $1,000,000.00 from the Indiana Patient’s Compensation Fund in a case involving permanent injury to a child’s facial nerve following cochlear implant surgery. The surgeon misplaced the implant and failed to recognize that an intraoperative x-ray performed during the surgery showed the implant to be in the wrong location. Once the error was realized, the surgeon performed a second revision surgery to correctly place the cochlear implant but during this surgery, the surgeon inflicted injury to the facial nerve and caused a spinal fluid leak. The health care provider failed to initiate intraoperative nerve monitoring to reduce the risk of injury and failed to implement additional safety techniques to maintain patient safety. The facial nerve was permanently damaged causing one side of the child’s face to droop permanently. Ms. Bryant-Haase was able to negotiate a settlement with the health care providers which enabled the patient to access the Patient’s Compensation Fund. Ms. Bryant-Haase 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 2022, Garau Germano attorney Jerry Garau obtained a $1,000,000 settlement from the Indiana Patient’s Compensation Fund in a claim involving a family practice physician’s failure to diagnose cardiac ischemia. The patient, who had a history of heart problems, went to the doctor with reports of chest pain radiating into his left arm, shortness of breath, and night sweats. The physician attributed the patient’s symptoms to gastroesophageal reflux disease (GERD). A week later, the patient died as a result of a heart attack. Garau Germano brought suit on behalf of the patient’s surviving wife and children. Garau Germano alleged that the doctor should have performed a cardiac workup to determine whether the patient’s symptoms were being caused by a cardiac problem, or should have referred the patient to a cardiologist. Attorney Garau obtained a $1,000,000 recovery from the Patient’s Compensation Fund, the maximum award permitted under Indiana’s Medical Malpractice Act.

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 for a confidential sum, Mr. Garau obtained a $725,000 settlement from the Indiana Patient’s Compensation Fund.

In 2017, Garau Germano attorney Barbara Germano obtained a $1 million settlement from the Indiana Patient’s Compensation Fund in a case involving negligent prenatal care which led to stillbirth. Late in her pregnancy, Ms. Germano’s client was evaluated by her physician and the physician’s nurse practitioner. Despite the fact that their patient was hypertensive, had protein in her urine, and was presenting with her baby in a breech position, the health care providers chose to do nothing to assess the baby’s well-being and sent their patient home. The child died in utero. After negotiating a settlement with the health care providers which allowed her client to access the Patient’s Compensation Fund, Ms. Germano was able to obtain a settlement from the Fund of $1 million, the maximum settlement 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 $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 2018, Garau Germano attorney Barbara Germano obtained a $1 million settlement from the Indiana Patient’s Compensation Fund in a case involving health care providers’ failure to properly diagnose and treat a patient’s gallbladder cancer. The patient had undergone a PET scan and abdominal ultrasound which showed potential gallbladder cancer, but her physician failed to recommend appropriate or timely surgical treatment. When surgery finally was performed, the physicians performed an inappropriate surgical procedure resulting in further spread of the cancer, and failed to advise the patient that she had cancer. The patient ultimately died, and Ms. Germano brought suit on behalf of the patient’s surviving son. After negotiating a settlement with the health care providers which allowed her client to access the Patient’s Compensation Fund, Ms. Germano was able to obtain a settlement from the Fund of $1 million, the maximum settlement 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 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 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 2018, Garau Germano attorney Barbara Germano obtained for her clients a settlement with the Indiana Patient’s Compensation Fund for $1 million in a case involving a severe birth injury resulting in cerebral palsy. The case arose from mismanagement of a patient’s twin pregnancy. Ms. Germano was able to gain access to the Patient’s Compensation Fund and negotiate the $1 million settlement. The settlement was the maximum award possible against the Fund 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 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 2023, Garau Germano attorney Jerry Garau obtained a settlement of $1,000,000 from the Indiana Patient’s Compensation Fund in a case involving an 11-month delay in the diagnosis of lung cancer resulting in the patient’s death. The patient had undergone a CT scan which showed a new lung nodule. There was no follow up on the nodule until 11 months later when the patient presented with back pain, coughing, and shortness of breath and was diagnosed with metastatic lung cancer. He died two months after his diagnosis. After resolving a claim against the patient’s healthcare provider, Garau presented a claim for additional damages against the Fund. The $1,000,000 settlement with the Fund was the maximum recovery allowed by Indiana law.

In August of 2024, Garau Germano attorney Jerry Garau secured a $1 million settlement with the Indiana Patient’s Compensation Fund in a case involving a failure to diagnose a heart attack in the emergency room. Garau Germano’s client presented to the emergency room with complaints of chest pain and bilateral arm pain. Despite an abnormal EKG, she was sent home. Two days later, she presented to another hospital where the heart attack was diagnosed and cardiac catheterization was performed. Because of the delay in diagnosis and treatment, the client suffered significant damage to her heart. After obtaining a confidential settlement with the healthcare providers, Attorney Garau brought a claim for additional damages against the Indiana Patient’s Compensation Fund. The $1 million settlement with the Fund was the maximum settlement allowed by Indiana’s Medical Malpractice Act.

In 2019, Garau Germano attorney Shan Bryant-Haase obtained a $995,000 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 Shan Bryant-Haase obtained a $995,000 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 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 health care 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 4.5 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 2022, Garau Germano attorney Jerry Garau negotiated an $805,000 settlement with the Indiana Patient’s Compensation Fund for a client who had undergone a negligent pectus excavatum repair. Pectus excavatum (sunken chest) is an abnormal development of the rib cage in which the sternum (breastbone) grows inward, resulting in a noticeable indentation of the chest wall. When severe, the condition can limit heart and lung function. In this case, the patient’s pectus excavatum repair was negligently performed, resulting in recurrence of the condition and the need for additional surgery. Attorney Garau was able to gain access to the Patient’s Compensation Fund and obtain an $805,000 settlement from the Fund.

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.

In September of 2024, Garau Germano attorney Reese Sobol obtained a $725,000 settlement from the United States for a patient who had gauze left in her pelvis following an emergency Cesarean section. An x-ray had been performed during the procedure to rule out the presence of a foreign object and was read by a radiologist as showing a “gauze-like density” in the pelvis. Despite the radiologist’s report, the doctor who performed the C-section did not tell the patient and did not take steps to remove the gauze. The gauze remained in the patient for almost six years, and required two separate surgeries to finally remove. Because the care giving rise to the claim had been provided by a federally qualified community health clinic, Attorney Sobol brought the claim against the United States under the Federal Tort Claims Act.