2003 Trial Results

10 Defense Verdicts

 December 22, 2003

A Jefferson County jury found in favor of a Louisville orthopedist who allegedly installed too-small a hip replacement in a patient.  Three ensuing operations by another orthopedist helped only slightly.  Months after these surgeries, the original physician prescribed Methadone to alleviate pain.  The patient fatally overdosed the first day it was prescribed.  The estate of the patient alleged unreasonable malpractice in the first surgery and claimed that because of this initial error, the overdose and death were sustained.  Led by James Grohmann, the defense successfully argued that the initial operation was conducted with proper surgical technique, and that the subsequent pain and repairs were known complications.  This case was resolved on the first jury question, and the patient took none of the requested 1.7 million dollars in damages.

 September 26, 2003

A Jefferson County jury found in favor of a Louisville surgeon after a patient died of complications following a gastric bypass.  Ten days after the bypass, the man returned to the hospital via ambulance from his hometown of London, Kentucky, after doctors there recommended the Louisville surgeon take prompt surgical intervention.  Upon arrival, the patient seemed in steady condition, and the surgery was scheduled for the next morning.  During the surgery, however, significant leakage and sepsis were discovered, and the patient died three days later.  The Plaintiff alleged negligence on the patient’s return to the hospital, surmising that (1) the doctors should have been more vigilant for symptoms of a leak, given that a small leak occurred in the process of the first surgery, and (2) the ill-advised delay of the repair surgery allowed the sepsis to develop into fatal form.  The doctor, represented by Donald Brown, counter-argued that (1) the man should have reported the abdominal pain immediately, instead of waiting a few days, (2) the delay of the second surgery was proper because the patient was too dehydrated, and (3) the sepsis was so far advanced that the patient was doomed upon admittance.  The Plaintiff was awarded none of the asked-for 4.7 million dollars.

 August 21, 2003

A Cave City woman reported to a dermatologist for treatment of suspicious-looking moles on her ankle.  A nurse performed a biopsy, but the wound thereafter was slow to heal.  The woman had to undergo a surgery to clean the infected wound.  Plaintiff alleged the nurse performed a “punch” biopsy, a procedure a nurse is not qualified to perform, and that the nurse’s negligence in using this biopsy led to infection.  The defendant, represented by James Grohmann, argued that the nurse actually used a “shave” technique, one which the nurse was qualified to perform, and that the infection was brought on by the patient’s own negligence and smoking habits.  The Hardin County jury returned a verdict in favor of the nurse. 

 June 12, 2003

A nine-month old boy running a high fever was examined by a pediatrician, who attributed the fever to a viral infection.  The fever did not improve.  Two days later, another pediatrician from the same group called the child’s mother to ascertain how the child was feeling.  When the child still didn’t improve, the mother took the boy back to the pediatric group.  The lethargic child was examined and quickly taken to the ER, but died hours later of bacterial meningitis.  The Plaintiff linked the death to alleged substandard care by both pediatricians: the first for not correctly diagnosing the meningitis and second for not inquiring more carefully during the phone call.  Donald Brown and Clay Edwards represented both doctors.  The defendants developed a causation defense, arguing that (1) the severity of the meningitis made the diagnosis error irrelevant and (2) the first pediatrician was, in fact, partly correct in his diagnosis of a viral infection as the boy suffered a co-infection, viral and bacterial.  The Jefferson County jury exonerated both doctors, awarding the Plaintiff none of the sought 2.2 million dollars.

 May 20, 2003

An Oldham County jury found in favor of a family doctor and vascular surgeon.  A patient suffering dizziness and nausea was given a CT scan.  Both physicians concluded that the condition was likely an occluded artery, and from this conclusion did not administer the coagulant-preventive drug Heparin.  The patient was hospitalized for three days, but hours after his release, the patient suffered a serious stroke and now has limited movement, diminished ambulatory capacities, and suffers constant headaches.  The Plaintiff sought 8.3 million dollars in damages, arguing had Heparin been administrated, a neurologist consulted, and the patient not hastily released, the stroke could have been less debilitating or even entirely prevented.  The defense successfully argued that the diagnosis of occlusion was consistent with the patient’s presentation, and thus neither Heparin nor a neurological consult were warranted.  Furthermore, upon release, the patient appeared improving and stable.

 May 7, 2003

Andrew Clooney successfully defended a Louisville bowling alley from charges of premise negligence.  At the bowling alley, a woman slipped on a puddle and broke her wrist.  Three surgeries later, she still complained of pain.  The Plaintiff asked for $170,000 in damages.  The defense pointed out several inconsistencies in the witness’ testimonies, suggested that it was actually the Plaintiff’s bowling party who created the puddle, and proposed that if the bowling alley created the puddle, there was not sufficient time to discover the danger.   The Jefferson County jury exonerated the bowling alley of all liability. 

 April 15, 2003

A directed verdict exonerated a Carroll County internist after he failed to diagnose a fatal pulmonary emboli.   Just an hour after the faulty diagnosis of anemia, gas, and anxiety, while being wheeled out of the hospital, the patient died.  The Plaintiff criticized the physician’s failure to notice the embolism, deeming the doctor’s cursory examination inadequate and figuring that with proper notice, the condition would have been treatable.  The defense, led by Andrew Clooney, argued that (1) the patient’s presentation was consistent with the diagnosis, and (2) regardless of the care received, the end result would have been the same.  When the Plaintiff’s expert was pressed on this second point during cross-examination, he conceded that causation was not a reasonable matter of contention, and the defense thus won a directed verdict.

 March 17, 2003

James Grohmann successfully defended a Louisville ophthalmologist from alleged medical negligence after receiving a call from a patient complaining of significant pain following a cataract surgery, performed by another physician.  The ophthalmologist advised the patient that it was just postoperative pain, but in fact it was an eye infection known as endophtalmitis.  Two days later, the condition grew worse and a repair surgery ensued, but the patient is now legally blind in one eye.  The Plaintiff criticized the ophthalmologist taking the phone call for not inquiring more fully or charting the call.  The defendant successfully argued that the physician complied with the standard of care in taking a phone call and that an earlier diagnosis would not have affected the ultimate outcome.

 March 17, 2003

Following the removal of a brain tumor, an MRI revealed a metal surgical hook had been left inside the patient’s scalp.  A second surgery removed the hook, but the Plaintiff now complained of pain and memory loss, and asked for $500,000 for pain and suffering.  The neurosurgeon, represented by Gerald Toner, argued that the hook-count responsibility lay solely with the nurses.  Furthermore, the simple repair surgery extracted the hook, and the Plaintiff sustained no injuries.  The Jefferson County jury concurred, awarding the Plaintiff no damages.

 February 21, 2003

In this ten-day trial, a Jefferson County jury found in favor of a Louisville ER doctor after a patient died of undiagnosed heart failure caused by myocarditis.  Upon the patient’s admittance, the physician ordered an EKG but suspected the patient’s problems were related to her preexisting thyrotoxicosis.  He then referred her to an internist, who concurred with the ER doctor’s diagnosis.  A few hours later, however, the patient died while being airlifted to another hospital.  The Plaintiff alleged malpractice and asked for over 2.5 million dollars in damages.  Gerald Toner successfully argued that the ER doctor had acted reasonably in not ruling out heart failure and referring the patient to the internist.