Deborah Darcy, et al. v. Medical University of Ohio at Toledo, Case No. C2006-01092

The Court of Claims of Ohio awarded $1.1 million in damages to Deborah and Martin Darcy on July 2 in a medical negligence and loss of consortium claim against the University of Toledo Medical Center.

A former U.S. Postal Service manager, Deborah Darcy dislocated her shoulder in 2003 and sought the help of orthopedic surgeon Dr. Henry Goitz to repair the damage. He performed three unsuccessful surgeries and referred Darcy to another surgeon for a second opinion who noticed more damage to the shoulder than had been repaired.

“After trying the issue of liability, the court concluded that Dr. Goitz deviated from the standard of care in failing to thoroughly evaluate the injuries to plaintiff’s shoulder either prior to or during the surgery that he performed in February 2004,” Judge Joseph T. Clark wrote in his judgment entry.

Three independent medical examinations concluded that Darcy’s shoulder injury constituted a permanent disability.

The court found that plaintiffs proved their claims by a preponderance of evidence and awarded them $1,126,585.08 for pain and suffering and loss of enjoyment of life, loss of consortium, lost wages/earning capacity, lost fringe benefits, lost household services, unpaid medical bills, cost of future surgery and other future medical expenses.

The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

To access information on this case and others visit the Court of Claims website.

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