George Yaros, et al vs. St. Mary Medical Center, Inc., et al

Case Background

On June 26, 2019, Plaintiff George Yaros and LaVonne Yaros filed a Medical malpractice lawsuit in the Indiana State, Superior Court of Lake County (Case number: 45D01-1903-CT-000354). Judge John M. Sedia presided over the case.

Cause

George and LaVonne Yaros were residents of Valparaiso, Indiana. On September 5, 2017, Anonymous Doctor 1 (AD1) and Anonymous Physician Group (APG) provided medical treatment to George. On September 6, 2017, Anonymous Doctor 2 (AD2) joined the medical team. Anonymous Hospital (AH) began providing additional services on October 4, 2017. The Defendants were licensed healthcare providers under Indiana’s Medical Malpractice Act and had a duty to provide care that met professional standards. However, their treatment fell below the applicable standard of care, resulting in severe and permanent injuries to George

Injuries

The negligent medical treatment caused George to suffer severe and permanent injuries. The substandard care caused lasting physical impairments and bodily damage. George suffered significant disfigurement that permanently altered his appearance. The injuries disabled him from normal activities and created permanent physical limitations. The negligent treatment inflicted both immediate and long-term harm that severely impacted his health and well-being. While the complaint did not specify the exact medical condition or the initial reason for treatment, the injuries proved extensive and life-altering.

Damages

The negligent care mentioned in Medical malpractice lawsuit resulted in:

  • Hospital, diagnostic, therapeutic, and pharmaceutical expenses (past and future)
  • Physical pain and mental suffering
  • Terror and fright
  • Loss of enjoyment of life
  • Lost time and impaired earnings capacity
  • LaVonne lost her husband’s love, affection, companionship, society, consortium, and services
  • Both plaintiffs experienced emotional distress from witnessing the inadequate medical care

They demanded a jury trial and sought compensatory damages, attorney fees, prejudgment interest, and costs.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): George Yaros | LaVonne Yaros
    • Counsel for Plaintiff: Kenneth I. Allen | Sarah M. Cafiero | Michael J. Bolde
  • Defendant(s): Mary Medical Center, Inc. | John Lynam |  Porter Physician Services, LLC d/b/a Porter Physician Group | Helda Barakat | Anonymous Doctor 1 |  Anonymous Doctor 2 | Anonymous Physician Group | Anonymous Hospital
    • Counsel for Defendants: Michael E. O’Neill| Michelle P. Burchett | Jeremy W. Willett | Kristanna Roper-Nikitaras |

Claims

The Plaintiffs asserted multiple claims against Defenants in a Medical Malpractice lawsuit:

Medical Negligence: The Defendants failed to meet Indiana’s standard of medical care. They provided negligent medical care that caused direct harm to George starting on September 5, 2017, and thereafter.

Emotional Distress: George and LaVonne personally witnessed the substandard medical care and the resulting injuries. This observation caused them serious emotional distress, which would be expected under similar circumstances.

Defense

Defendants Porter Physician Services, LLC (Porter Physician Group), Dr. Helda Barakat, and Dr. John Lynam acknowledged providing medical treatment to George Yaros, with Dr. Barakat starting on or after September 5, 2017, and Dr. Lynam on September 6, 2017. However, they firmly denied any allegations that their medical services were negligent or that they fell below the applicable standard of care. Both Dr. Barakat and Porter Physician Group contested the plaintiffs’ claims regarding negligence, injury, and failure to meet medical standards, stating they complied with the relevant standard of care required by Indiana law.

Similarly, Dr. Lynam, who was employed by Porter Physician Group and maintained his license and Indiana Department of Insurance credentials, admitted providing services to George Yaros but rejected any assertions of negligence or inadequate treatment. He further denied that his actions contributed to George’s injuries, pain, or suffering, and disputed the plaintiffs’ account of observing any failure in care.

In their affirmative defenses, all three defendants argued that the plaintiffs’ injuries were either self-inflicted or caused by third parties outside the defendants’ control. They claimed that the plaintiffs had failed to mitigate their damages and that the defendants were entitled to credits or set-offs for any payments the plaintiffs received from collateral sources.

Moreover, the defendants contended that any alleged injuries resulted from superseding or intervening acts by other parties and that George and LaVonne knowingly assumed the risks associated with the medical treatment. Additionally, the defendants, including Dr. Lynam, cited their status as qualified healthcare providers under the Indiana Medical Malpractice Act, which limits claims to those processed through the Indiana Department of Insurance. Finally, the defendants emphasized that any unchallenged damages were due to the plaintiffs’ own negligence or failure to exercise proper care.

Jury Verdict

On August 22, 2024, The jury found in favor of both Plaintiffs against St. Mary Medical Center, Inc. They awarded George Yaros $21,800,000 in damages. LaVonne Yaros received $4,000,000 in damages. This brought the total verdict against the medical center to $25.8 million in the medical malpractice lawsuit.

Court Documents:

Available Upon Request