$7 Million Verdict Upheld in Pennsylvania Medical Malpractice Case

Steven Delavern, a 31-year-old Pennsylvania resident, visited Clarion Healthcare System in 2021 with rectal pain and bleeding. Despite repeated visits, physician assistant Karla Lynn Wilson, under the supervision of Dr. Nicole Carroll, diagnosed Delavern with hemorrhoids and dismissed further concerns. A year later, he was diagnosed with Stage 4 rectal cancer that had metastasized to his lungs. The delayed diagnosis prompted a lawsuit against Wilson, Dr. Carroll, and the healthcare system for failing to provide timely and adequate care.

A jury in Clarion County awarded the Delaverns nearly $7 million in damages, including $2 million for loss of consortium suffered by Delavern’s wife, Sharayah.

The Appeal

The healthcare providers appealed the verdict, asserting that the plaintiffs' counsel improperly invoked a "Golden Rule" argument by encouraging jurors to imagine systemic failures in Clarion County’s healthcare. Defense counsel claimed this violated a pre-trial court order and prejudiced the jury.

The Pennsylvania Superior Court disagreed, emphasizing that the defendants failed to seek a curative instruction or mistrial at the time. The panel stated, “To conduct a review of their belated request for a new trial would substantially eviscerate the waiver principle.” The court noted the remarks highlighted by the appellants did not explicitly meet the definition of a "Golden Rule" violation, leaving the original verdict intact.

Medical Expert Testimony Scrutinized

The defendants also argued that one of the plaintiff’s medical experts, Dr. Thomas Cartwright, failed to testify with a reasonable degree of medical certainty about the causal impact of the delayed diagnosis. They suggested his conclusions were speculative. However, the Superior Court upheld his testimony, citing his explanation that the delay significantly worsened Delavern’s prognosis. The panel found this testimony sufficient, rejecting claims of speculative evidence.

Legal Representation

The Delaverns were represented by Richard Godshall, Christine Clarke, and Louis C. Ricciardi of Ostroff Godshall. The defendants were represented by James Kraus and Samuel Beaver of Kraus Jenkins PLLC.

What’s Next?

This case highlights the significant implications of delayed cancer diagnoses and the weight courts place on timely objections to perceived trial errors. Attorneys for the Delaverns emphasized the importance of accountability in preventing systemic healthcare failures, with Mr. Godshall noting, “This decision reinforces the duty of care owed by all medical providers.”

The verdict underscores the necessity for healthcare institutions to implement robust diagnostic procedures to mitigate risks of delayed or missed diagnoses, particularly in cases with potentially life-altering consequences.