Professional Negligence Law Reporter

Paula Gardner, an inmate at the Washington Corrections Center for Women (WCCW), had a history of abnormal Pap tests and was positive for the human papillomavirus (HPV). A screening showed that she was positive for carcinogenic HPV and required additional screening in one year. When an ultrasound revealed a uterine growth the following year, the radiologist recommended a repeat ultrasound and a pelvic MRI. Gardner was transferred to another corrections facility and received no follow-up imaging to address the mass on her uterus.

The next year, she returned to the WCCW, where she developed troubling symptoms and asked for an evaluation. A year later, she underwent a biopsy and was diagnosed as having cervical cancer. Her condition is terminal.

Gardner sued the state of Washington, alleging negligence and medical malpractice. The plaintiff claimed that the defendant’s Department of Corrections breached a duty by failing to conduct a timely repeat ultrasound and MRI and timely treat her condition.

The parties settled for $9.9 million.

Citation: Gardner v. State, No. 22-2-10833-4 (Wash. Super. Ct. Pierce Cnty. Dec. 21, 2023).

Plaintiff counsel: AAJ members Lincoln C. Beauregard and Marta L. O’Brien, both of Tacoma, Wash.