A six-panel jury reached a verdict on Oct. 30 in the medical malpractice lawsuit filed by Police Officer Eric David and his wife Tanya against the Commonwealth Health Center.
The jury trial, which started on Oct. 27, determined that CHC was negligent with respect to the conduct of Dr. John Yarofalir in failing to offer proper aftercare following the plaintiff’s vasectomy.
Associate Judge Kenneth L. Govendo ordered CHC and the cash-strapped government to pay the plaintiffs $906,000 in damages.
The plaintiffs were represented by attorney George Hasselback while the CNMI government and CHC were represented by Assistant Attorney General David Lochabay.
The jury found that the unplanned pregnancy hindered Tanya David from pursuing her studies and from eventually joining the U.S. Army.
The jury also determined that the commonwealth was negligent by failing to meet the applicable standard of care and that the commonwealth was responsible for the negligent act of its employees.
According to the jury, if Yarofalir was negligent, the commonwealth, which employed him, was also negligent.
The complaint stated that because Mrs. David was unaware she was pregnant, she took a prescription drug that could have caused her baby to have hearing problems.
For the individual harm the failed vasectomy caused Mr. David, the jury awarded him $100,000 for emotional distress and another $100,000 for loss of consortium.
The jury awarded Mrs. David a total of half a million dollars — $200,000 for emotional distress, $200 for pain and suffering from child birth and $100,000 for lost earnings.
The couple were also awarded another $100,000 for economic damages associated with raising their son from birth up until he reaches the age of 18, and $106,000 for economic damages for the cost of child birth.
