Lisa Trigg
The Tribune-Star
TERRE HAUTE —
A Vigo County jury has awarded a $2.5 million judgment to a former Terre Haute police officer who claims that his doctor failed to diagnose his colon cancer in 2004.
Jeffrey W. Davis, formerly of Terre Haute, filed suit in January 2009 against Dr. John Morse of AP&S Clinic in Terre Haute, alleging that the doctor failed to perform tests that could have diagnosed his colon cancer.
The case came to trial in late February in Vigo Superior Court 6, and after four days of testimony, the six-person jury found in favor of Davis following more than six hours of deliberation.
“We were pleased,” said Davis’ attorney, Jerry Garau of Indianapolis, when asked about the civil lawsuit’s outcome on Friday. “We thought the jury obviously did the right thing in this case.”
Davis had asked for a $3.1 million verdict based on medical expenses, pain and suffering, and decreased life expectancy. The jury decided on the $2.5 million amount, without being informed that Indiana has a cap of $1.25 million on medical malpractice claims. The verdict will be reduced by the court to the statutory limit of $1.25 million.
Garau said that Davis reported to the doctor at age 35 with rectal bleeding and other gastric complaints. At that time, neither a sigmoidoscopy or colonoscopy was ordered to rule out colon cancer, but an upper G.I. test was ordered due to some other complaints.
Garau said that Davis moved to Arizona and went to another doctor with the same complaint of rectal bleeding. The doctor ordered testing in August 2006 that found the cancer was at Stage 4 and incurable.
Davis is now age 42 and has been given a prognosis of less than a year to live, Garau said.
A telephone call to Dr. Morse’s attorney requesting comment on the case was not returned Friday.
Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.
