Jurors found the Geisinger Kistler Clinic in Wilkes-Barre and doctors Stephen Evans and Christian Basque negligent for missing an opportunity to diagnose former patient Joseph Shimko with a severely infected cyst on his tailbone four years ago.  The trial, presided over by Luzerne County Judge Lesa S. Gelb, lasted a week and the jury returned its verdict Monday, May 22nd, after deliberating for a little over an hour.

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Testimony showed Shimko was told by Dr. Basque that he could either examine him or issue a prescription. Shimko told the third-year doctor he would do whatever Basque thought was best, even though he had fully anticipated initially the doctor would prefer to examine the area. “At no time did he refuse,” Scartelli said of the young man’s compliance with the doctor’s orders, noting Shimko would have needed his mother’s permission to refuse an exam since, at the time, he was a minor.  His mother adamantly denies the claims.About eight months later, when Shimko’s mother called the clinic about her son still experiencing pain, Evans — Basque’s supervisor — supposedly referred Shimko to a rectal surgeon, only his staff didn’t order the referral and no one called Shimko’s family to say a referral was made, according to the lawsuit.  So, the family had no idea Shimko needed to go see a surgeon.  A doctor at Geisinger South Wilkes-Barre diagnosed the cyst a few months later, the lawsuit said.  By that time, it was too late to properly remedy the problem.A spokesperson for the health care provider, Dave Jolley stated, “Geisinger did not blame the plaintiff other than to point out that he failed to return for follow-up care as instructed when his condition did not improve.”  He said, however, that because Shimko did not receive the needed follow up care, the doctors could not be held responsible for the way the case was handled.

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