Cancer misdiagnosis sparks largest Malpractice settlement in Wicomico County history

On Tuesday, following a jury finding Dr. Peter Libby and Peninsula Radiology Associates, PA medically negligent, the Wicomico County Circuit Court handed down the largest settlement in the county's history.

The case centered on Libby failing to properly interpret and identify abnormalities on Mary Raver’s CT scan, causing her illness to progress from curable stage I to terminal stage IV cancer. The subsequent amount of $3.38 million was ordered to be paid to Mary and Tim Raver of Selbyville. The judgement will be paid by Libby's malpractice insurance policy, attorneys for the Raver family explained.

“The jury carefully considered the evidence and came to the right conclusion. Mrs. Raver has been through so much and still has a big fight ahead of her, but we are all thrilled that this part of her fight is over so she and Mr. Raver can try and enjoy the time she has left," said lead attorney Damien R. Banks of The Banks Firm, LLC.

Associate counsel also included Megan A. Cahill, and local counsel John K. Phoebus of Anthenelli, Phoebus & Hickman.

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A 'tremendous feeling of relief'

The jury awarded $1,200,000 in non-economic damages and $2,185,317.75 in economic damages, which includes past and future medical expenses, loss of household services and lost earning capacity.

During the trial, it was discovered Libby could have spent only an estimated five minutes reviewing Raver's images before determining they did not indicate a malignant growth. Hers was among an estimated 110 to 130 studies he examined in the course of a normal day, which led to the shortened review period in Raver's case.

Libby again reviewed Raver's study on the witness stand more thoroughly, taking approximately 40 minutes as compared to what possibly was a cursory review the first time he consulted on the case. 

“It was an honor to be asked to represent the Raver family and to help achieve for them the justice they deserved for this terrible wrong,” said Phoebus. “We are thankful of the time and effort given to this case by the court, court staff, and especially the Wicomico County citizens who sacrificed eight days as jurors in this case to reach the right result.”

The doctor and the medical practice chose not to settle out of court and opted to take the matter to trial.

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Blind review by two other radiologists confirms cancer diagnosis

During what is termed as a blind review, the prosecution had Raver's cancer diagnosis confirmed by two other radiologists using the same study. In a blind review, the expert in question is not notified if they are being contacted by the legal counsel for the patient or the physician.

The two radiologists became expert witnesses for the prosecution to note "a reasonable radiologist viewing this would have spotted the abnormality and ordered the next study before it progressed."

"We were all incredible moved and members of the jury came out of the box and hugged the family. The family was surrounded by friends that had come to court every day. It was a tremendous feeling of relief and appreciation. When a jury is out for seven hours (in an eight-day trial), there's always wondering what will happen," Phoebus said.

The Banks Firm, LLC, located in Baltimore, opened in 2022 and is a boutique medical malpractice and personal injury firm handling catastrophic cases throughout the state of Maryland and Washington, D.C. Anthenelli, Phoebus & Hickman, LLC is a litigation firm founded in 2014 with offices in Salisbury and Crisfield.

This article originally appeared on Salisbury Daily Times: Cancer misdiagnosis sparks largest Malpractice settlement in Wicomico County history