1998 Trial Results

 6 Defense Verdicts

November 20, 1998

A Jefferson County jury found in favor of a CRNA after a patient awakened from a back surgery to discover that he had lost 80% of his vision in one eye and was legally blind in the other.  The Plaintiff alleged the care was negligent because arterial pressure was too low, blood replacement was untimely, and too much fluid caused a venous congestion.  The defense, led by Donald Brown, successfully counter-claimed that the care was perfectly proper, and that the optic neuropathy was an unfortunate but unrelated effect of the CRNA’s care.

November 6, 1998

Donald Brown successfully defended a Louisville gastroenterologist after complications followed a gastroscopy.  During the procedure, the doctor perforated the patient’s esophagus with the scope.  Another surgeon repaired the damage, but the patient died a month later of a myocardial infarction.  The Plaintiff alleged the physician used imprudent force during the gastroscopy and that this mistake led the frail patient down the road to death.  The defense argued that the doctor performed the exam properly and that the patient died of an unrelated cardiac event.  The Jefferson County jury exonerated the physician from liability, awarding no damages.

July 31, 1998

An elderly Louisville woman amended her will to exclude her brothers just a day before a trial jury found her to be incompetent.  When the woman died two years later, the brothers disputed this changed will, arguing that at the time of the execution of the will, she lacked the necessary testamentary capacity.  In defense, James Grohmann argued that while the woman’s cognitive abilities were limited, she was still able to adequately express her intentions.  Furthermore, Grohmann pointed to the woman’s alleged sexual abuse by the male members of her family as motivation for her excluding the brothers.  The Jefferson County jury found in favor of the defendant, finding that the testator had the capacity to execute the will.

July 16, 1998

A federal jury exonerated a Fort Knox obstetrician following complications during a birth.  The obstetrician chose to perform a C-section after fetal distress was noticed.  Since there was no anesthesiologist on duty, the obstetrician had a nurse call one to the hospital.  After a 54 minute delay, the child was finally birthed, but because of oxygen deprivation, the child now suffers from severe cerebral palsy and requires total care.  The Plaintiff alleged the doctor mismanaged the situation, saying the doctor should have proceeded more cautiously knowing there was no anesthesiologist available, and should have called the anesthesiologist herself instead of delegating the responsibility.  Donald Brown represented the physician, arguing that the standard of care was upheld.  The jury reached a verdict awarding the Plaintiff $20,864,937, but every penny of fault was attributed to the hospital, none to the obstetrician. 

April 9, 1998

Andrew Clooney successfully defended a Louisville proprietor from allegedly failing to maintain reasonably safe public premises after a woman tripped at the bottom of an escalator, breaking her wrist.  The Plaintiff blamed a loose piece of paneling for causing the stumble.  The defense, pointed out inconsistencies in the Plaintiff’s testimony, arguing that she simply tripped.  After just thirty minutes of deliberation, the jury returned a defense verdict, not finding the proprietor negligent.

February 26, 1998

In this product liability case, an Estill County jury found in favor of a manufacturing company after a popcorn popper produced by the company started a fire in a video store.  The owner of the store claimed the popper didn’t have adequate warnings or an internal switch to automatically turn off when it overheated.  Emily Faith argued that the popper was reasonably safe, and the jury concurred, awarding the Plaintiff none of the $161,000 claimed.