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Expert’s Altered Testimony Negatively Affects Plaintiff’s Case

By Jack H. FarnbauchFebruary 28, 2020

In February 2013, Bosler sought treatment at a Walgreens Healthcare Clinic for acute sinusitis. She was given a prescription for antibiotics, and instructed to take over-the-counter decongestants and to use a Neti pot. On March 18, Bosler sought further treatment with her personal physician, Dr. Robert Evard, who diagnosed her with acute sinusitis. Dr. Evard prescribed a two-week course of a different antibiotic. 

On April 1, Dr. Evard found that Bosler’s sinusitis had not improved, and he prescribed a ten-day course of a third antibiotic. Dr. Evard also ordered a CT scan of Bosler’s sinuses. After Dr. Evard reviewed the CT scan, he prescribed yet another round of antibiotics. And on April 12, Dr. Evard prescribed a steroid nasal spray and a saline nasal spray. Dr. Evard also referred Bosler to Dr. Goldenberg, an ear, nose, and throat (“ENT”) specialist.

Dr. Goldenberg discussed with Bosler her continued symptoms, and he reviewed her CT scan. Dr. Goldenberg then talked to Bosler about the possibility of trying Functional Endoscopic Sinus Surgery (“FESS”), and Bosler agreed to try the surgery. Dr. Goldenberg performed the FESS on May 1, and, on September 6, he performed another surgery on Bosler. Despite the surgeries, Bosler’s symptoms continued.  On October 30, 2014, Bosler filed a proposed complaint alleging medical malpractice against Dr. Goldenberg with the Indiana Department of Insurance. Bosler alleged that Dr. Goldenberg had misdiagnosed her as having chronic rhinosinusitis (“CRS”) and performed unnecessary surgeries. A unanimous medical review panel issued an opinion in Dr. Goldenberg’s favor.

On April 15, Bosler first saw Dr. Goldenberg, and she told him that she had “been on 4 rounds of antibiotics, steroids, [and] nasal steroid sprays and inhalers.” 

The Court of Appeals of Indiana on Jan. 21 affirmed a verdict for John Goldenberg, M.D., and Otolaryngology Associates LLC, despite plaintiff Morgen Bosler claiming she was blindsided by the expert witness, Dr. James Stankiewicz, during the trial. She claimed Stankiewicz changed his testimony from deposition and that Goldenberg failed to include the change in discovery. 

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