SALISBURY, Md. – A jury in Wicomico County recently delivered a landmark $3.38 million verdict in a medical malpractice lawsuit, making it the largest such verdict in the county’s history. The case involved Mary and Timothy Raver, who sued Dr. Peter Libby and Peninsula Radiological Associates for failing to properly evaluate, treat, and report Mary Raver’s condition, which progressed from stage I cancer to terminal stage IV cancer.
According to the jury’s unanimous decision, Libby and Peninsula breached the standard of care owed to Raver. The jury found that Libby, who was employed by Peninsula, failed to accurately diagnose an abnormality in Raver’s salivary glands revealed by a CT scan. Despite radiology showing an eight-millimeter thickening of her right salivary gland, Libby reported no significant abnormality.
The complaint detailed Raver’s experience, which began in March 2021 when she noticed a small lump in front of her right ear. After consulting with healthcare professionals, Raver underwent a neck CT scan at Peninsula. However, Libby classified the results as a “normal variant” and did not recommend further testing or treatment.
It wasn’t until July 2021 that Raver sought another medical opinion because the mass had grown larger. Following further testing, another doctor recommended surgery to remove the mass. Regrettably, by the time of the surgery in January 2022, the mass had grown to over five centimeters, and pathology results revealed stage IV cancer that had spread to Raver’s bones and liver.
The complaint also alleged substantial nerve damage resulting from the surgery, as the mass had wrapped around Raver’s facial nerve. The Ravers’ attorneys argued that the negligence of Dr. Libby and Peninsula directly resulted in the worsening of her condition and the need for significant medical intervention.
In response to the verdict, Counsel for Libby and Peninsula Radiological Associates did not provide immediate comment. Damien Banks, one of the Ravers’ co-counsels, expressed satisfaction with the jury’s decision. He emphasized the impact of the negligence in this case and stated, “Mrs. Raver would have been cancer-free today except for the negligence of Dr. Libby.”
John Phoebus, another attorney representing the Ravers, acknowledged that it can be challenging for jurors to find a doctor at fault. However, in this case, the evidence was clear. Phoebus noted that Mary Raver has a limited life expectancy due to the cancer’s progression and believes that the jury’s decision accurately reflects the severity of her situation.
Phoebus also addressed the issue of undervaluing medical malpractice cases in rural areas, stating that verdicts like this one help demonstrate that full justice and recovery are possible, regardless of the jurisdiction. He hopes that this case encourages healthcare practitioners to provide better care to their patients.
Looking ahead, Banks highlighted the importance of abolishing or significantly increasing Maryland’s cap on noneconomic damages, which would aid in holding physicians and health systems accountable and improving future patient care. Although money can’t undo the suffering experienced by the Raver family, it can provide some relief.
The trial, which resulted in a record-breaking verdict, highlights the significance of proper medical evaluation and treatment. The jury’s decision sends a message about the consequences of negligence and the importance of providing thorough care to patients, regardless of their location.