O'Brien and Ryan, LLP - Attorneys at Law
Successes

Defense Verdict on Behalf of Thoracic Surgeon

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Marshall L. Schwartz and Brett M. Littman recently obtained a defense verdict in a medical malpractice case on behalf of a thoracic surgeon and hospital following a six-day jury trial.

In June 2008, after being diagnosed with lung cancer, the patient presented for surgery to remove two lobes of his lung and treat his condition. The plaintiff alleged that while the surgery was successful, the defendant failed to properly monitor his respiratory status and perform proper post-operative care. He further alleged that this led to a build-up of carbon dioxide and depleted oxygenization, which caused permanent injury.

The defense presented extensive expert testimony in both thoracic surgery and pulmonology, to show that the patient was closely monitored and received proper treatment provided by the entire medical staff, which included physicians, residents, and nurse aides. The defense further established that the patient's injury could not have been prevented in even the best of circumstances.

After a brief deliberation, the jury returned a verdict in favor of the defense and found that the defendant was not negligent.


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