Author: yrlaw/Mon, Apr 21, 2014/Categories: News & Articles
A federal jury awarded a Wellington, Florida, family nearly $16 million last week, blaming a medical testing company for the cervical cancer death of a mother of two.
The jury placed 75 percent of the blame on LabCorp, the testing company, and awarded the family of Darian Wisekal $15.8 million, WPBF TV reports (wpbf.com). Wisekal died of cervical cancer in 2011 at age 37, three years after getting the first of two negative pap smears from LabCorp. Her husband, John Wisekal, claimed that LabCorp should have detected abnormal cells in a 2008 pap smear and he sued the corporation for negligence. A repeat pap smear, two years later, was also negative, but Wisekal’s doctor didn’t think the results were accurate and further testing revealed a large mass. Doctors performed surgery to remove the mass, but the cancer spread.
Beyond providing for his daughters, John Wisekal said he hoped the award might change the way medical laboratories do business, rapidly processing medical slides and test results, reports CBS 12 News (West Palm Beach, Florida). "When LabCorp came in and took over, they raised (the work quota) by a third, and said you have to read at least 85 slides a day," said the Wisekal's lead attorney, referring to trial testimony. The attorney said the lab technician "didn't even have time to take her full hour lunch break."
Wisekal’s pap smear slides from 2008 and 2010 both showed “high-grade abnormalities undisputed by LabCorp,” the attorney said, according to wpbf.com.
Attorneys for LabCorp had argued for much lower damages: $200,000 to John Wisekal for the loss of his wife, and $250,000 each to his 11- and 13-year-old daughters, according to the
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