October 22, 20082008 Trial Results
11 Defense Verdicts and Counting
October 22, 2008
Donald Brown and Michael Dailey
October 17, 2008
September 19, 2008
September 18, 2008
July 31, 2008
Tracy Prewitt successfully defended a general surgeon in Jefferson County Circuit Court regarding a surgery to address recurrent breast cancer. Plaintiff challenged the surgeon’s clinical judgment regarding the proper extent of the surgery and whether an elective, prophylactic procedure should have been done at the same time. After hearing four days of evidence, the jury returned a unanimous verdict in favor of the surgeon and awarded no damages.
July 1, 2008
Donald Brown and Michael Dailey successfully defended a prominent Lexington, KY gynecologist against allegations of medical malpractice. Plaintiff maintained that the Defendant failed to obtain an adequate informed consent prior to performing surgery which Plaintiff maintained was unnecessary. The defense team countered the allegations of the Plaintiff arguing that the Plaintiff was counseled extensively prior to agreeing to undergo the operative intervention in question and defended the physician's judgment in carrying out the gynecologic procedure. Plaintiff claimed an entitlement to a significant sum of monetary damages. After hearing the case, the jury awarded the Plaintiff nothing and returned a verdict in favor of the Defendant.
May 15, 2008
Christopher O'Bryan and Andie Camden were successful in defending an orthopedic surgeon in United States District Court in Owensboro, Kentucky. The surgeon was accused of negligence in an ACL reconstruction performed on plaintiff. Plaintiff alleged negligence in the performance of the initial procedure and in the failure to discover the failed repair during follow-up care. Plaintiff’s retained expert was a subsequent treating physician from Owensboro. O’Bryan and Camden countered that the procedure was performed properly and that the follow-up care, including MRI and additional arthroscopic surgery, documented a successful ACL reconstruction. Plaintiff sought two years of lost wages in addition to medical expenses and hundreds of thousands of dollars in pain and suffering. The federal jury sided with the surgeon and returned a unanimous verdict.
May 15, 2008
Clay Edwards and Michael McDonner
March 4, 2008
James Grohmann and Andie Camden were successful in defending a surgeon in a medical malpractice case in Lexington, Kentucky. Plaintiff alleged that a sponge was left by the surgeon after an appendectomy procedure. The sponge was not discovered until after plaintiff had become pregnant. Surgery was performed by another physician to remove the sponge while plaintiff was pregnant. One week later plaintiff went in to pre-term labor and delivered a non-viable infant. Plaintiff sought more than $2,000,000.00 when the case was presented to the jury. Grohmann and Camden presented evidence that the surgeon was informed of a correct sponge count twice by hospital personnel at the time of the appendectomy procedure. Expert evidence was presented from several doctors that plaintiff’s pre-term delivery was caused by a placental abruption, not the surgery to remove the sponge. The jury returned a verdict finding no fault with the surgeon.
February 18, 2008
Christopher O'Bryan and Mark Hammond were successful in defending an Owensboro pediatrician in this medical malpractice trial in Daviess County, KY. Plaintiffs maintained that the pediatrician wrongfully caused the Sudden Cardiac Death of their seven year-old child by failing to transfer her to a childrens' hospital. The decedent's death was caused by a fatal cardiac arrythmia that resulted from myocarditis. Plaintiffs sought approximately $1.4 million in damages. O'Bryan and Hammond defended by submitting medical proof from a Vanderbilt University affiliated pediatric cardiologist and a University of Louisville affiliated pediatrician. Both of these experts opined that the decedent's sudden and unexpected death could not be anticipated, given her complete lack of cardiac symptoms prior to the fatal cardiac arrythmia. The jury agreed with the Defendant and unanimously found in her favor.
January 31, 2008
James Grohmann and Andie Camden were successful in defending a Lexington orthopedic surgeon. Plaintiff accused the surgeon of negligence in the debridement of non-healing wounds after leg bypass surgery. Plaintiff maintained that the alleged negligence of the surgeon led to the loss of his leg. Plaintiff sought in excess of $500,000.00 in damages. Grohmann and Camden defended the case by submitting evidence that the surgeon acted appropriately and that the complication could not have been anticipated or prevented. In addition, evidence was submitted documenting several other causes for plaintiff’s leg amputation.