Also in Indiana, a medical malpractice trial was tried against two physicians at the same time. Angela Hines sued Dr Stan Drake and Dr. Ron Rourke for failing to diagnose an ectopic pregnancy. The patient supposedly did not mesh with Dr. Drake's nurses and was discharged from his care after an ultrasound and a few serial HCG's. Dr. Rourke accepted transfer of the patient about nine days later from a rural emergency room. Dr. Rourke diagnosed the plaintiff with having fetal demise with an incomplete abortion. He performed a D&C within 24 hours of making his diagnosis. The plaintiff was to follow up with Dr. Rourke in two weeks. She did not. Instead, she returned to the ER about 20 days post D&C with what was then diagnosed as an ectopic pregnancy. Dr. Rourke surgically removed the ectopic. Plaintiff subsequently complained about infertility. A medical review panel concluded by a 2 to 1 vote that both doctors were negligent. Dr. Fred Duboe was an expert witness for the Plaintiff. After four days of evidence, the jury deliberated for about 2 hours and returned a defendants verdict in favor of each doctor. Scott Kyrouac represented both defendants.
The mother was in labor from 9 a.m. until 10:30 p.m. before the baby was delivered by Cesarean section. The child, Cassie, is now 11. She is unfortunately a spastic quadriplegic who has only limited use of her limbs.
A Massachusetts Jury in December of 2007, awarded Audrey Serrano $2.5 million in her lawsuit against Dr. Kwan Lai, who allegedly misdiagnosed her with HIV. Serrano was treated for almost nine years before learning that she never had the virus. Her treatments caused her to experience depression and a number of health problems. Dr. Kwan Lai allegedly never ordered definitive tests to confirm Serrano's diagnosis.