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Representative Results and Verdicts

11 August 2014

The following is a sampling of recent verdicts that provide an overview of the positive results obtained by MBO lawyers.

  • Represented internist and CRNP who treated 49 year old woman who complained of abdominal pain.  She was diagnosed with reflux and prescribed PPIs that made her feel better.  One year later, she went to another internist who ordered a GI consult.  An EGD revealed gastric cancer.  She died 20 months later.  Unanimous defense verdict after 7 day jury trial.
  • Represented family physician who diagnosed 56 year old male with  new onset atrial fibrillation with rapid ventricular response and tachycardia.  Prescribed Atenolol and Coumadin and ordered radiographic studies.  Two days later, patient suffered a stroke in his cerebral artery.  6 day jury trial resulted in a defense verdict.
  • 79 year old male with history of chronic anemia admitted for sudden drop in hemoglobin. Found to have large cecal mass.  Heme/onc consult diagnosed hemolytic anemia days after defendant surgeon resected mass. Surgeon/client criticized for not sooner consulting heme/onc and not having anemia treated before surgery.  Pt died from sepsis 2 months later.  Unanimous defense verdict after 7 day jury trial.
  • Represented radiologist who performed Gastrografin enema on 56 year old female 10 months post surgery for rectal cancer.  A colovaginal fistula was caused by cath balloon inflation.  Necessitated ileostomy for 2 years until cancer recurred.  Unanimous defense verdict after 5 day jury trial.
  • 8-day medical malpractice case alleging failure to properly diagnose and treat post-operative abscess following pelvic floor reconstructive surgery for uterine prolapse.  Represented defendant urogynecologist/female pelvic medicine reconstructive surgeon.   Case resulted in a 10-2 defense verdict
  • 5-day medical malpractice case alleging failure to properly diagnose and treat forearm fracture in 17-yr. old male resulting in alleged further surgical treatment and chronic pain complaints.  Represented defendant orthopedic surgeon and group.   Case resulted in unanimous defense verdict.
  • Medical malpractice case alleging failure to properly administer steroids resulting in death of 27 year old woman with three children.  Represented critical care pulmonologist.  After two days of trial, plaintiff moved for a voluntary non-suit which was granted as to defendant.
  • Four day medical malpractice case alleging failure to properly provide preoperative instructions for vasectomy resulting in development of scrotal hematoma.  Represented urologist and his PA.  Case resulted in verdict in favor of defendants.
  • Six day medical malpractice case alleging failure to properly treat wound infection following cosmetic surgery resulting in removal of breast implants and alleged permanent disability.  Represented plastic surgeon.  Case resulted in unanimous verdict in favor of defendants.
  • Seven day trial medical malpractice case involving death of 27 year old woman due to alleged failure to diagnose fatal heart arrhythmia.  Represented cardiologist.   Case resulted in no causation verdict in favor of  defendants.
  • Two week medical malpractice case involving death of 36-year old woman eight days after delivery by C-Section.  Alleged failure to diagnose and treat pneumonia leading to endometritis, sepsis and death.  Represented two treating OB’s and their group.   Case resulted in verdict in favor of defendants.
  • Plaintiff alleged ENT surgeon was negligent in retained pledget during ZMC surgery.
  • Verdict in favor of defense on motion for non-suit after 2 days of trial.
  • Plaintiffs alleged failure to adequately treat glaucoma resulting in blindness. Verdict for defense
  • Plaintiff claimed radiologist failed to properly interpret CT scan of abdomen and pelvis resulting in delay in diagnosis of Thymoma. Verdict for defense.
  • Plaintiff claimed obstetrician/gynecologist was negligent for perforating ureter during Cesarian-Section. Verdict for defense.
  • Plaintiff claimed failure to diagnose pituitary tumor resulting in blindness. Non-suit granted after six days of trial.
  • Plaintiffs alleged failure to timely diagnose lung cancer. Verdict for defense
  • Plaintiffs alleged failure to adequately treat glaucoma resulting in blindness. Verdict for defense
  • Action for alleged professional negligence causing the death of a resident at a county nursing home.  Summary judgment in favor of the defendant based on sovereign immunity affirmed.
  • Action for injuries resulting from surgery at the wrong level of plaintiff’s spine.  Judgment in favor of plaintiff reversed because of evidentiary errors at trial.
  • Malpractice action for injury allegedly caused to plaintiff’s inner ear by the negligent administration and monitoring of Gentamicin.  Judgment in favor of the plaintiff reversed because of evidentiary errors at trial.
  • Declaratory judgment action against various insurers, including our client, a liability insurer, for coverage for claims against the plaintiffs for the mismanagement of benefit plans.  Summary judgment in favor of our client affirmed.