by Joe Quirk | 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.
by Joe Quirk | 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.
by Joe Quirk | 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.
by Joe Quirk | Sep 25, 2023 | Medical Malpractice, Philadelphia, Successes
Attorneys Carolyn M. Bohmueller and Jamie N. Johnson secured a verdict in favor of two emergency room physicians and a hospital in a two-week trial in Philadelphia Court of Common Pleas involving a claim of failure to diagnose recurrence of breast cancer. The patient had been diagnosed with breast cancer at age 23 and underwent surgical and adjuvant therapy. She continued to follow with her oncologist. Fourteen years later, she presented to a local emergency department with complaints of left-sided chest pain, which were evaluated and determined to be non-specific, and she was instructed to follow up with her providers. The following year, she presented again to the emergency department with a complaint of pain in her head behind her right ear, which was evaluated and she was instructed to follow up with her primary care physician. Over two years later, the patient was diagnosed with widely metastatic recurrent breast cancer in her lungs, pelvis and brain. The jury determined that neither of the emergency room physicians, nor the hospital, were negligent.
by Mark Bauman | Apr 22, 2022 | Medical Malpractice, Montgomery County, Successes
Attorneys Michael Pitt and Mary Kay Plyter-Eigner recently received a defense verdict on behalf of an anesthesiologist and pain management physician after a one week trial in Montgomery County. Plaintiff alleged that her epidural steroid injection was performed using a steroid with preservatives and that the epidural needle entered the thecal sac, causing her to suffer chemical meningitis, manifesting as significant migraine headaches and associated symptoms. The evidence supported the defense that Plaintiff had a significant pre-existing headache condition and that the procedure was performed properly using a well-known, widely used and accepted steroid medication. After four days of evidence and closing arguments, the jury deliberated for an hour and a half, finding for the defendant anesthesiologist.
by Mark Bauman | Apr 21, 2022 | Medical Malpractice, Philadelphia, Successes
Attorneys Michael Pitt and Mary Kay Plyter-Eigner recently received a defense verdict on behalf of a gastroenterologist and his practice after a three week trial in Philadelphia County. Plaintiff, on behalf of her deceased husband, alleged that the Defendant gastroenterologist failed to appropriately perform a gastroscope and recommend surgical intervention in a patient with signs of gastrointestinal bleeding. After 20 days of evidence, including testimony from more than ten medical experts, the defendants, and multiple fact witnesses, the jury returned a verdict about four hours later finding in favor of the defense gastroenterologist.
