Defense Verdict in Favor of Maternal Fetal Medicine Specialist in Stillbirth Case

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. 

Defense Verdict in Favor of Emergency Room Physicians and Hospital in Breast Cancer Case

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.

Defense Verdict on behalf of Anesthesiologist & Pain Management Physician in Epidural Steroid Case

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.

Defense Verdict on Behalf of Gastroenterologist in Matter involving Gastrointestinal Bleeding

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.

Defense Verdict in Pressure Wound Matter on Behalf of Hospital

Marshall L. Schwartz recently obtained a defense verdict on behalf of a hospital in a four-day jury trial in the Chester County Court of Common Pleas. The case involved allegations that the defendant hospital failed to rotate, turn and reposition the patient during his hospitalization, and as a result, the patient developed a stage IV pressure ulcer.

The case involved a patient that was admitted to the hospital with complaints of a headache, confusion, and weakness. Imaging identified masses on his brain, and the patient underwent several brain surgeries. The patient remained in critical condition at the hospital for approximately three months while he recovered. During this time, he developed several medical issues including the development of pressure ulcers.

The defense argued that although the patient developed pressure ulcers, it was not the result of any negligent action on behalf of the medical providers at the hospital but that it was unavoidable as a result of the patient’s critical, life threatening illness, multiple comorbidities and his past medical history.
After a brief deliberation, the jury returned a verdict, finding that the defendant hospital was not negligent.

Defense Verdict on Behalf of Hospital in Pressure Wound Matter

Marshall L. Schwartz and Caitlin E. McCauley recently obtained a defense verdict on behalf of a hospital in the Philadelphia County Court of Common Pleas. The matter involved a patient who developed a pressure wound during an admission to the intensive care unit (ICU). The decedent resided at a nursing home (also a named defendant) and was transferred to the hospital in respiratory distress. Notably, the decedent was 95 years old at the time of her admission and suffered from multiple co-morbidities including diabetes, dementia, depression, failure to thrive, respiratory failure and chronic obstructive pulmonary disease. Plaintiff alleged that, as a result of the wound, the decedent experienced extreme pain, suffering and death.

Plaintiff’s claims under the Wrongful Death Act were dismissed pursuant to a motion in limine filed on behalf of the hospital. The trial proceeded with testimony from multiple experts and witnesses, including an ICU nurse who cared for the decedent. Ultimately, the jury returned a verdict in favor of the defendants finding that the care provided to the decedent was at all times within the standard of care.