$7 Million Jury Verdict for Delay in Diagnosing Liver Cancer

Glenn Garofano, 63, underwent an ultrasound of his gallbladder, which revealed gallstones and a 4-cm mass on his liver. He then underwent a CT scan, which radiologist Dr. Clifford Barker reported as showing no evidence of a mass. Dr. Barker also suggested that Garofano consider an MRI. Thirteen months later, Garofano was hospitalized for Lyme disease and underwent testing, which led to a diagnosis of metastatic liver cancer that had spread to his heart.

Garofano died two months after the diagnosis and was survived by his wife and three adult children. His family filed a lawsuit against Dr. Barker alleging that he chose not to order the MRI or a liver biopsy in light of the previous test results. It was claimed that had adequate testing been done and a timely diagnosis been received, Garofano would have had a 42% chance of survival. The lawsuit does not claim lost income. Thus, the lawsuit was for the lost opportunity to save Garofano from his untimely death. The jury’s verdict was for $7 million.

The attorney representing the Garofano family was Paul A. O’Connor.

At trial, the Garofano family introduced experts in oncology, pathology and radiology.

The defendants engaged expert opinion in oncology and radiology.

Garofano v. Advanced Medical Imaging Associates, No. SSX-L-287-12 (N.J. Super. Ct. Sussex County, Oct. 9, 2015).

Kreisman Law Offices has been handling wrongful death cases, misdiagnosis of cancer cases, medical negligence cases, hospital negligence cases, nursing negligence and abuse cases, birth trauma injury cases and labor and delivery negligence cases for individuals and families who have been injured or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and its surrounding areas including, Skokie, Des Plaines, Highland Park,Hoffman Estates, Wilmette, Palos Park, Clarendon Hills, Naperville, Wheaton, Hinsdale, Aurora, Elgin, Joliet, Bolingbrook, Romeoville, Northfield, Glenview, River Forest, Chicago (Mayfair, Albany Park, Ravenswood, West Ridge, Andersonville, Uptown, Edgewater, Lakeview, New Town, Wicker Park, Englewood, Austin, Archer Heights, Little Village, Back of the Yards), Palos Heights and Blue Island, Ill.

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