Pap smear inquest seeks homicide charges

The Journal Sentinel staff

A physician, a laboratory technician and a corporation should face reckless homicide charges for the cancer deaths of two women whose Pap smears were misread, an inquest jury recommended Friday night.

The jury of five women and one man deliberated about 2 1/2 hours after three days of testimony before reaching the verdicts in the case, believed to be the first of its kind in the state and one of just a few such like it in the nation.

District Attorney E. Michael McCann, who sought the inquest, was not in court to hear the verdicts. However, Assistant District Attorney DeAnn L. Heard noted that the verdicts were only advisory and said a decision would be made soon on whether homicide charges will be issued.

Martin E. Kohler, an attorney representing the corporation, said he was disappointed with the verdicts.

"The corporation knows this entire situation has been a tragic and emotional matter, and we recognize that," Kohler said. "But it's not a situation that warrants criminal charges.

"This inquest was a one-sided and biased view that did not follow the normal rules of a court of law. We are glad this phase is over.

"Now we can move to a real Leg 1 ends here court of law, where facts and actual evidence will make sure the truth comes out," Kohler said. "It's regrettable that the district attorney's office focused on selling the emotional aspects of this case to the public rather than presenting the court with a balanced and accurate view of a tragedy that involved more than three defendants."

The reckless homicide charges recommended by the inquest jury carry maximum possible prison terms of 10 years per count and a maximum fine of $10,000 per count.

McCann requested the inquest last month into the deaths of Karin Smith and Dolores A. Geary. Smith, 29, died March 8. Geary, 40, died in 1993.

Both women died from cervical cancer that was not detected on Pap smears sent to the same Oak Creek laboratory.

The corporation that owned the laboratory, the technician who examined the smears and the physician who supervised her all were listed as potential defendants for criminal charges in verdicts given the inquest jury for its deliberations.

In his closing statement to the jury earlier Friday, McCann told the jurors he hoped they would recommend criminal charges against the corporation. He conceded that it was "tougher" to decide whether the physician Leg 2 ends here and technician should be charged, however.

"This is heavy business, really heavy," McCann said.

The main faults McCann found with the laboratory and its personnel were the technician's piece rate work load for examining Pap smears; the lack of random quality controls to screen her work; and the indifference toward professional standards and continuing education.

Testimony in the case revealed that the technician examined 20,000 to 40,000 Pap smears each year. Professional standards recommended that one person examine no more than 12,000 in a year.

McCann said the piece rate work arrangement for the technician drove her to work ever faster so she could make more money.

"I don't want anybody looking at my X-rays on piece rate, and I don't think that you want anybody looking at your Pap smears on piece rate," McCann said.

At another point, McCann said: "She (the technician) wasn't toying with her life. She was toying with Karin Smith's life. She was toying with Dolores Geary's life."

Meanwhile, McCann berated the physician for not establishing meaningful quality controls Leg 3 ends here and for supposedly not knowing the high volume of work that his technician was performing.

The price that was paid for the high rate, McCann said, was the misreading of Smith's and Geary's Pap smears.

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