Local jury awards plaintiffs more than $700K against area doctor in lawsuit

By C.J. Marshall (STAFF WRITER)
Published: March 18, 2010

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A Bradford County jury found against a Towanda physician recently in a civil lawsuit, awarding the plaintiffs $724,932.

According to information filed in the Bradford County Prothonotary's office, on March 8, following a trial, the jury found in favor of plaintiffs Janean White and Patrick White, both of 12 N. Main St., Towanda, against defendant Dr. Louis V. Gabaldoni, M.D., of RR 1, Box 3J, Towanda.

Court papers indicated that the Whites filed the lawsuit again Gabaldoni in 2006 for an incident that occurred in 2002. In 2002, the lawsuit continued, Janean White was a patient of Gabaldoni's, who on Aug. 9, 2002, recommended that Janean White undergo a hysterectomy, anterior and posterior repair for the "discomfort caused by her symptoms, bleeding, pressure, constipation, urinary incontinence, dyspareunia..." The plaintiffs contended in their lawsuit that Janean White did not have those conditions on or prior to that date.

On Aug. 26, 2002, Janean White underwent a total hysterectomy. During the surgery, according to the lawsuit, Gabaldoni severed Jenean White's left ureter.

"The negligent, reckless or otherwise tortious conduct of the defendant consisted of the following," the court papers said.

"A. Failing to adequately diagnose the cause of the plaintiff's symptoms.

"B. Failing to take into account plaintiff's negative history and examinations.

"C. Misrepresenting plaintiff's symptoms to justify unnecessary surgery on Aug. 26, 2002.

"D. Performing unnecessary surgery on Aug. 26, 2002.

"E. Performing unnecessary surgery on Aug. 26, 2002 without properly working up a diagnosis of plaintiff's problems."

The lawsuit contended that Gabaldoni's conduct was negligent, and resulted in the following injuries to Jenean White:

- Severed left ureter

- Stenotic introitus

- Pain

- Incontinence

- Depression

- Anxiety

Papers indicated that Jenean White suffered and continues to suffer a number of problems due to the operation, including the inability to perform certain daily activities, on-going medical expenses, and loss of income.

"Plaintiff has suffered an increased risk of harm causing a threat to her life and resulting in permanent losses and damages," the lawsuit said. "Defendant's conduct constitutes battery."

The lawsuit also charged that Gabaldoni did not explain the material risks associated with the operation to Jenean White, as well as the seriousness of the risks, nor certain required after-operation procedures.

After the verdict was announced, both the plaintiffs and the defendant agreed to a stipulation that the Whites would also be awarded $24,932 to pay for medical bills.

A message was left with Dominick J. Georgetti, Esq., of Scranton, who was Gabaldoni's attorney during the trial, to determine if they intend to appeal the jury's decision. However, the attorney had not returned the call as of 9 p.m. Wednesday.

C.J. Marshall can be reached at (570) 265-1630; e-mail: cjmarshall@thedailyreview.com.

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10 posted comments

thank you DR - Actually the Daily Review only printed the claims of one side that was entered on the public record, without printing the responses to those claims by the other side which are also enterd on the public record. Typical.
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Hockings,  03/22/10 9:54
Mary-thank you! @ Thank you to the daily review and BC tax payer....every Dr. you have ever seen and WILL ever see....HAS SCREWED UP! All doctors, NP, PA, RN'S, LPN'S, and so on have all been negligent at some point in their careers ( ITS CALLED MALPRACTICE INSURANCE). Did the doctor have a bad day? Seriously, Do you really think all surgery is easy??? Every case the same??? Have you ever had a bad day at work? Or are you perfect at your job? Doctor's do what we all do, the best they can! Do you really believe they head into the OR wondering how to screw up the patient!!Doctor's are brave...They take risks every day that determine life or death. They have an extremely difficult job. I do not know this doctor..but I know this is one case and I will not judge him/her on one (public) case.
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disgusted,  03/21/10 8:35
I'd first like to say that I'm sorry the plaintiff was subjected to the damage caused by hysterectomy.

I applaud the plaintiffs and their attorney for pursuing and winning this lawsuit. I also applaud the reporter, C.J. Marshall, for writing the article. As a hysterectomized and castrated woman who was also duped by her doctor, I can relate to the depression and anxiety caused by the removal of my organs and endocrine glands that produced hormones essential to my physical, emotional, mental and sexual health.

Every woman who was not told the life-long functions of the uterus and ovaries before "consenting" to their removal should have a legitimate informed consent medical malpractice case.

Hopefully, the legislation for Hysterectomy Informed Consent introduced in Indiana will pass and will lead to similar legislation in all states. I will continue to fight to end unwarranted hysterectomies. The resulting savings in this $17B industry would go a long way toward making health care more affordable.

To discover the truth about hysterectomy and ovary removal, go to the HERS Foundation's website.

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duped,  03/21/10 5:40
Mary, I think you're right. The puny amount of the settlement tells you there wasn't much fault found on the doctor's part. The settlement will cover her attorney fees and not much else. She's not going to be buying a Hummer.
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Meema,  03/20/10 5:50
Civil lawsuits don't require proof beyond reasonable doubt. Winning money in a civil suit is all about putting on the best show and evoking the most emotion, not about fact and liability. Even if the doctor was 1% at fault, he still loses. Whats worse, he is unable to defend himself in the court of public opinion because of patient confidentiality, but the other side is allowed to say whatever they want regardless of truth or fiction. I'm not saying this doctor wasnt at fault, and I'm not saying this woman doesnt deserve the money... but there are some serious problems with this case just looking at it from the outside. Real malpractice gets awards in the millions of dollars, and insurance companies are quick to pay a settlement when there was any fault at all rather than spend the money to fight. There is much much more to this than what the article is giving us.
What we do know for sure is that the only winners here are the lawyers. The woman will get a fraction of the winnings, the doctor has this on his record and will pay increased insurance rates, but the lawyers just made more money in a few weeks than many of us see in 10 years.
Sue, sue, sue! Thats the American way! Then we wonder why our medical costs are skyrocketing and doctors are dropping out of the field like flies. Ask the lawyers, they'll tell you.
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Mary,  03/20/10 12:04
For disgusted and not happy; So the newspaper should squash a story just because it's not complimentary to somebody you know? I read the article again and I see reporting of facts entered into public record, and nothing more. A chance to respond was afforded the doctor's attorney. If you want to report something favorable about the doctor, and can do so without violating anyone's HIPPA rights, please do so. When a doctor is guilty of negligence, the public has a right to know.
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thank you Daily Review,  03/20/10 10:30
how can you say he is a great dr if this happened or was he just having a bad day when he messed this ladys life up. i feel she did not get what she deserved how can he fix his wrong now. it to late now if i were on that case i would have given her a lot more money . and that dr should lose is privlage to do this to any other person im shore the dr. office will be real slow after this .
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bc tax payer,  03/20/10 8:02
He is a great doctor. He has helped many, many women!!! Shame on you for putting this in the paper!!! When should we expect the article on all the good he has done, lives he has saved????
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disgusted,  03/19/10 12:02
i work with dr. gabaldoni. i see his good work first hand. i send the people i love to him. this article is unfair. i am disappointed in the review.
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not happy with the review,  03/19/10 5:14
Janean, I'm so sorry for what was done to you, and for the pain and suffering it has caused you, and everyone who cares about you.

Kudos for holding the surgeon, Gabaldoni, accountable by pursuing a medical malpractice lawsuit. Kudos to your lawyer for winning this lawsuit, you were well represented. The legal team that represented Gabaldoni was mentioned in the article, but the Plaintiff's attorney's name was not. Who was the Plaintiff's attorney?

Thank you C.J. Marshall for writing this article and raising awareness that hysterectomy can leave women with life long problems.

Indiana Rep. Bruce Borders (R) introduced Hysterectomy Informed Consent legislation this year. There was a public hearing with testimony on January 25th, 2010. The testimony in favor of and in opposition to women being provided with the information required for informed consent is on youtube. You can find it with the search term "Public Hearing on Hysterectomy Informed Consent". Watch Part I and Part II.

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Nora,  03/18/10 10:03