MERCER, PA. Jury awards $12.9M

The verdict is the largest personal injury award in the County.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
MERCER, Pa. -- Sharon Regional Health System says there was no negligence or wrongdoing by any of its employees.
Nevertheless, a Mercer County Common Pleas Court jury found the hospital partially responsible in a $12.884 million judgment in a malpractice lawsuit against it and Drs. John Gallagher and John Garriott by Marie and Joseph Viola of Hermitage.
The Violas said Gallagher, who practices obstetrics and gynecology, and Garriott, a radiologist, failed to timely diagnose the onset of Mrs. Viola's breast cancer five years ago.
The cancer has since spread to other parts of her body and reached the point where it can't be cured, the jury was told during trial.
Jury's decision: The jury found Garriott and Sharon Regional jointly 72 percent negligent and Gallagher 28 percent negligent.
Garriott couldn't be reached and Gallagher referred calls to his attorney, who couldn't be reached.
Sharon Regional issued a statement expressing sympathy to Mrs. Viola and her family "for the difficult ordeal they've undergone," but said the verdict doesn't reflect any wrongdoing or negligence on the part of the hospital or any of its employees.
The hospital said the jury concluded that Garriott, who was a member of Sharon Regional's medical staff but not a hospital employee, "was an ostensible or apparent agent" of the hospital.
Garriott actually practiced independently as a member of a private radiology group, Sharon Regional said.
Judge Michael Wherry, who presided in the case, agreed with the hospital's assessment of the verdict.
Mrs. Viola had some of her examinations done by Garriott at Sharon Regional and she, as well as the jury, had reason to believe Garriott was an employee or agent of the hospital, Wherry said.
The $12.844 million verdict is the largest personal injury award in a Mercer County court, the judge said.
The previous record was a $1.25 million in the mid-1990s.