by Mark Bauman | Jun 24, 2016 | Chester County, Medical Malpractice, Successes
Tracie Vizza, Mary Kay Plyter and paralegal Lexi Romney recently received a defense verdict on behalf of a pulmonologist/critical care physician in Chester County. A 67 year old woman who had been treating with her pulmonologist for six years for a chronic and progressive lung illness was hospitalized and diagnosed with pneumonia in December 2011. She was discharged on oxygen, but was quickly readmitted less than two weeks later with increased complaints of weakness and shortness of breath. The patient continued to decline rapidly, became critically ill and was transferred to the intensive care unit where she was intubated. Twelve days later, imaging suggested that there was erosion in the trachea at the area of the cuff around the endotracheal tube. This erosion was confirmed on February 1, 2012. Conservative management of the tracheal erosion failed and the patient was transferred to another hospital to be placed on extracorpeal membrane oxygenation (ECMO) to allow the trachea to heal. The Patient died from a brain hemorrhage the next day.
Plaintiffs, the decedent’s husband and daughter, brought suit against several physicians who treated the patient in the hospital, as well as the hospital itself. Plaintiffs claimed that the intubation was performed negligently and caused a tear in the patient’s trachea at the time of injury, which eventually caused the patient’s death. The defense argued that the intubation was a “textbook” intubation; successfully performed on the first try, and that the patient’s presentation in the days after the intubation did not support an injury to the trachea at the time of intubation and, further, that plaintiffs could not explain how the intubation was performed negligently. The defense further asserted that the trachea was slowly eroded by the cuff on the endotracheal tube, and likely worsened as a result of the patient’s long time steroid use. After a two week trial, the jury found in favor of all of the defendants.
by Mark Bauman | Apr 22, 2016 | Medical Malpractice, Philadelphia, Successes
Dan Ryan, Carolyn Bohmueller and paralegal Stacy Jaeger received a defense verdict on behalf of a hand surgeon in Philadelphia Court of Common Pleas. Plaintiff-father and his 11 year old son were involved in a rollover motor vehicle accident, in which the child’s right thumb was partially amputated. The minor was brought to the hospital via helicopter, where his thumb was examined. Following discussions with the parents, and specifically with the child’s father, who was a plastic surgeon, the child was taken to the operating room to address the injury. Plaintiff-father claimed that he did not give consent for a “completion amputation” of the tip of the thumb. At trial, plaintiffs did not pursue their claim that the surgery was improperly performed, and rather only proceeded on a claim of lack of consent. It was established during trial that the distal portion (or end) of the thumb including the first joint had been amputated and injured beyond repair during the accident, and that the plaintiff-father agreed to the surgical procedure performed. After a three day trial, the jury found consent was given for the surgical procedure and returned a verdict in favor of the surgeon.
by Mark Bauman | Feb 17, 2016 | Delaware County, Medical Malpractice, Successes
Heather Hansen recently obtained a defense verdict on behalf of an internal medicine physician in Delaware County. In the case, the plaintiff presented to the emergency department of a local hospital and was admitted for treatment of a suspected urinary tract infection. Plaintiff claimed that she advised the hospital and the internal medicine physician that she took the medication Ativan at home, but that they failed to provide this medication during her hospitalization. On her fourth hospital day, the plaintiff suffered a seizure and was later found to have compression fractures of the superior endplates of her thoracic vertebrae at multiple levels. Plaintiff alleged that the internal medicine physician and the hospital were negligent by failing to perform a complete medication reconciliation which led to a failure to prescribe Ativan and caused her to suffer a withdrawal seizure. The defense presented evidence that appropriate medication reconciliation was performed by the internal medicine physician and that there were a number of other potential causes for plaintiff’s seizure. After an eight day trial and brief deliberation, the jury returned a verdict of no negligence against the internal medicine physician.
by Mark Bauman | Jul 29, 2015 | Medical Malpractice, Philadelphia, Successes
Heather Hansen recently obtained a defense verdict on behalf of an obstetrician in Philadelphia. In this case, Plaintiffs alleged negligence in relation to labor and delivery at a Philadelphia hospital. Plaintiffs claimed that the defendant failed to recognize and interpret the signs and symptoms of placental abruption, failed to diagnose and treat placental abruption, failed to timely respond to signs of fetal distress, and delayed in the performance of a cesarean section. Plaintiff produced an obstetrics and gynecology expert that criticized the time the cesarean section was called, and opined that the delivery should have been called 16 to 18 minutes earlier. The defense maintained that the obstetrical team recognized and responded to the fetal bradycardia immediately, and performed all necessary resuscitative measures in an attempt to regulate the fetal heart rate, before calling an emergent cesarean section. The baby was delivered within ten minutes from the time the attending obstetrician called the emergency cesarean section.
After a three day trial and brief deliberation, the jury returned a verdict in favor of the attending obstetrician.
by Mark Bauman | May 25, 2015 | Medical Malpractice, Other Venues, Successes
Michael O. Pitt recently obtained a defense verdict on behalf of an emergency room physician in a nine day jury trial involving allegations of a failure to diagnose an epidural abscess.
This case involved a patient who presented to the emergency department with complaints of back pain, anxiety, fever, nausea, and vomiting. The plaintiff had a longstanding history of drug and alcohol abuse, and admitted to treating his chronic back pain with heroin. Shortly after his initial presentation to the emergency department his symptoms improved and he was diagnosed with acute back pain and narcotic withdrawal.
The next day, blood cultures that were ordered in the emergency department revealed the plaintiff had methicillin resistant staph aureus bacteremia. Although this is a treatable condition, it can be life threatening if not treated timely. Unfortunately for the plaintiff, the hospital staff was unable to reach him on the telephone number he provided the previous day. Further, despite increased symptoms that included weakness and tingling in the legs, the plaintiff failed to return to the emergency room as instructed. Instead, the plaintiff continued to use heroin to treat his symptoms. The plaintiff finally returned to the emergency department the following day, and is now paralyzed from the chest down.
The defense successfully argued that even though the emergency room physician discharged the plaintiff with a diagnosis of acute back pain and narcotic withdrawal, plaintiff’s presenting symptoms were consistent with this diagnosis. In support of this argument, experts in emergency medicine and infectious disease were called to testify and supported this defense.
After deliberation, the jury returned a unanimous 12 – 0 verdict, finding that the defendant physician’s treatment of the plaintiff was not negligent.
by Mark Bauman | Feb 19, 2015 | Delaware County, Medical Malpractice, Successes
Heather Hansen and Paul E. Peel recently obtained a defense verdict in favor of an orthopedic surgeon in a medical malpractice action in Delaware County.
Plaintiffs’ allegations of negligence related to the care rendered following the performance of a total knee arthroplasty performed by the defendant physician. Plaintiffs claimed that the defendant failed to utilize appropriate infection prophylaxis and failed to administer post-operative antibiotics, which ultimately led to the development of infection. Plaintiffs alleged that the defendant physician deviated from the standard of care by failing to timely recognize and treat the infection.
The defense maintained that the plaintiff did not exhibit any signs or symptoms indicative of infection following the surgery, through the time that the plaintiff was treating with the defendant physician.
After a five day trial and a brief deliberation, the jury returned a verdict in favor of the orthopedic surgeon.
