Orthopedic Surgeon Found Not Liable by Jury on Claims of Two Unnecessary Surgeries in Delaware County

by | Nov 4, 2024 | Delaware County, Medical Malpractice, Successes

A defense verdict was recently successfully obtained by Partners Tracie A. Vizza and Lisa Peters, in Delaware County.  An Orthopedic surgeon, who specializes in hips was sued on claims that he failed to appropriately diagnose the patient’s condition and, as a result, recommended and performed two unnecessary hip surgeries.  The patient had complaints of pain which appeared to include both her hip and her spine.  Plaintiff’s argument was that the spine was the source of her pain, and not her hip, and therefore she did not need any hip surgery.  The orthopedic surgeon testified in detail about the meticulous work up he performed, and the tests and studies he ordered in order to determine the source of the patient’s pain.  It was only after multiple visits, many films, including x rays and MRIs, consultations with other physicians, and various injections that the orthopedic surgeon determined that hip osteoarthritis was the cause of the patients agony.  Thereafter he performed a total hip replacement.  Unfortunately, the prosthesis did not adhere properly and a revision surgery was successfully performed.  The Delaware County jury found that the surgeon was not negligent and found in his favor.

Defense Verdict in Philadelphia County on behalf of Podiatrist in Spinal AVM Case

by | Nov 4, 2024 | Medical Malpractice, Philadelphia, Successes

Tracie A. Vizza and associate, Sarah Holtzhauer, obtained a defense verdict in Philadelphia County in a case where it was alleged that a podiatrist failed to appropriately appreciate symptoms of a neurological issue and failed to refer the patient to a neurologist. 

The patient had seen the foot and ankle surgeon on two occasions, over a three month period and it was contested as to what complaints were made at each visit.  Although the patient testified that she complained of radiating numbness and pain down her legs to her feet at each visit, the physician testified that she only first made those complaints at the second visit.  The patient argued that the physician never recommended nor referred her to a neurologist for a
comprehensive work up at either visit.  However, the surgeon noted multiple times in the chart and testified convincingly that he had directed the patient to see a neurologist, advising that her complaints appeared to have a neurological cause.  Despite the patient’s claims, she did obtain a
neurology consult the following month after the second visit with the podiatrist, but failed to see the neurologist for several months thereafter.  The patient was ultimately diagnosed with a spinal AVM and required several spinal procedures. 

The jury found in favor of the podiatrist. 

Defense Verdict in Favor of Maternal Fetal Medicine Specialist in Stillbirth Case

by | Sep 25, 2023 | Medical Malpractice, Philadelphia, Successes

Carolyn M. Bohmueller and Joana Gaizelyte-Lacy represented a maternal fetal medicine specialist in a four-day trial in Philadelphia Court of Common Pleas, and secured a defense verdict.  The claim involved the stillbirth of fetus at 36 weeks gestation.  The fetus had a single umbilical artery diagnosed at 20 weeks gestation and was closely monitored.  At 35 weeks gestation the fetus was diagnosed with intrauterine growth restriction.  After ultrasound evaluation and doppler studies along with a non-stress test, a plan was in place to see the patient twice weekly for non-stress tests and undergo doppler studies and amniotic fluid evaluation weekly.  At the first non-stress test the patient alleged she complained of decreased fetal movement.  A non-stress test performed that day was reassuring and reactive.  At the following scheduled visit three days later, a fetal demise was diagnosed.  The jury deliberated and quickly returned a verdict in favor of the maternal fetal specialist, finding he was not negligent.