The 42-year-old woman alleged in her Washington medical malpractice lawsuit: “Plaintiff Paula Gardner was an inmate. The DOC has ruined any opportunity Paula had to survive cervical cancer. Paula was taken into custody by the DOC in 2019. She had a history of abnormal pap tests that showed she was a positive for carcinogenic types of human papillomavirus (HPV). On March 18, 2019, a screening showed that she was positive for carcinogenic HPV and she required another screening in one year.”
“In addition, on April 4, 2019, a transvaginal ultrasound revealed that there was a 1.9 cm growth in the lower segment of her uterus that needed to be monitored. The radiologist recommended a repeat ultrasound in six weeks and a MRI of her pelvis with contrast. Paula was never told about the results of the ultrasound or that follow-up imaging needed to be performed. Paula was transferred to Yakima County Department of Corrections (by contract with the Washington State Department of Corrections) due to capacity issues at WCCW [Washington Corrections Center for Women]. No follow-up medical imaging or treatment was done for Paula in Yakima to address the mass in her uterus.”
“Paula was eventually transferred back to the WCCW in Gig Harbor in 2020. No follow-up examination or imaging was performed at that time. Despite clear records Paula had a history of abnormal pap tests, carcinogenic HPV, a mass in her uterus and that she required cervical screenings annually, the DOC failed to perform follow-up imaging in six weeks or check her cervix for over twenty-five months. At a minimum, Paula’s cervix should have been checked in March 2020 but it was not. Paula developed troubling symptoms and asked the DOC to evaluate her on May 24, 2020. Still, no screening was done despite her risk factors and instead, DOC staff incorrectly noted that she was due for an exam every three years rather than annually. When the screening was finally performed on March 17, 2021, there were obvious lesions on the surface of her cervix. Biopsies confirmed the lesions were cancerous.”
“As a result of the DOC’s delay and failures, Paula developed cervical cancer that was untreated and unmitigated for over two years. Because the cancer was left unchecked for this period of time, it became advanced when it was otherwise treatable. It has spread to her lymph nodes (Stage IV) and Paula has been informed she will never recover. Her diagnosis is terminal. As a result of the negligent, reckless and grossly negligent conduct and medical malpractice of DOC, as described above and in other respects as well, Paula has, and will, endure incredible pain and suffering up to the time of her death.”
Paula was released from prison following her diagnosis and is receiving palliative care in Tacoma, Washington.
The $9.9 million settlement was reportedly reached during the first day of trial in December 2023, and was paid in January 2024.
If you or a loved one were injured due to deliberate indifference or the lack of appropriate medical care while incarcerated in a prison, jail, or other correctional facility in Washington or in another U.S. state, you should promptly seek the legal advice of a local medical malpractice lawyer in your state who handles prisoner/inmate medical malpractice claims and may investigate your claim and represent you or your loved one, if appropriate.
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