Local jury awards plaintiffs more than $700K against area doctor in lawsuit
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
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: email@example.com.