by Mark Bauman | Feb 18, 2023 | SUCCESSES
John F. O’Brien, III obtained a defense verdict for a gynecologic oncologist in Montgomery County. The plaintiffs alleged that the doctor negligently delayed in operating on a post operative partial small bowel obstruction after a total abdominal hysterectomy, bilateral salpingo oopherectomy was performed for carcinoma in situ of the cervix. The defense contended that the doctor appropriately managed the patient’s post operative course in light of reassuring and improving abdominal symptoms, stable vital signs and given the patient’s pre-existing chronic renal failure, vascular access problems and hypertension. The patient unfortunately died six days post operatively. The defense successfully contended that the care was appropriate, within the standard of care and did not cause the patient’s death.
Following an eight day trial, the jury returned a verdict for the defense
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Heather Hansen obtained a defense verdict for a urologist in Philadelphia County. The plaintiff alleged that the urologist was negligent in the performance of a vesicovaginal repair suffered by the plaintiff after a hysterectomy. They contended that the urologist negligently positioned the plaintiff for the surgery and thus caused femoral and obturator neuropathies. The defense contended that the positioning was proper and within the standard of care, and that this type of injury cannot occur absent negligence.
Following a ten day trial, the jury returned a verdict in favor of the urologist as well as the co-defendant hospital and obstetrician-gynecologist.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
John F. O’Brien, III procured a defense verdict in favor of an orthopedic surgeon in Philadelphia County. The plaintiffs, a husband and wife, alleged that the orthopaedic surgeon and a local hospital breached proper standards of medical care while treating the husband for a severe right supracondylar humeral fracture he sustained in a moped accident. The plaintiffs specifically asserted that the orthopaedic surgeon was negligent in failing to resect the patient’s intramuscular septum while performing an open reduction and internal fixation of the fracture using olecranon osteotomy and ulnar nerve transposition. The plaintiffs also claimed that the orthopaedic surgeon was ultimately responsible for the alleged negligence of hospital nurses and residents for their failure to timely remove the patient’s splint and bandages when he experienced post-operative swelling. The plaintiffs claimed that the defendants’ alleged negligence caused the husband to suffer a severe and permanent injury to his right ulnar nerve.
However, while the defense acknowledged that the patient had suffered a permanent injury to his right ulnar nerve, they contended that this injury was a recognized complication of the operation he underwent and was not caused by the orthopaedic surgeon or any hospital personnel. The defense also produced multiple medical experts who testified that the orthopaedic surgeon properly resected the patient’s intramuscular septum while surgically repairing his broken arm. After deliberating for less than thirty minutes, the jury returned a verdict in the defendants’ favor.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Dan Ryan obtained a defense verdict for internist in Philadelphia County. Plaintiff’s husband died at the age of forty two as a result of his coronary artery disease (CAD). In her Complaint, Plaintiff alleged Mr. Ryan’s client (an Internist) failed to appreciate the significance of cardiac studies taken in the months and years leading up to the death and that he should have done more to decrease or eliminate some of the risk factors Plaintiff’s husband had for developing CAD, including smoking and poor diet. The defense maintained Plaintiff’s husband’s death was both unpredictable and unpreventable over the four day trial, and the jury agreed. After deliberating just over two hours, they found Mr. Ryan’s client was not negligent.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Dan Ryan obtained a defense verdict for an OB/GYN in Philadelphia County. The Plaintiff, who was pregnant with her first child, was diagnosed with fibroids. The fibroids did not complicate the pregnancy. After several hours of labor, the fetal heart rate decelerated and would not return to baseline. An emergency c-section was ordered. The Plaintiff and her husband initially refused the recommendation, but finally agreed twenty-five minutes later. A healthy baby was delivered via c-section, but because of the fibroids, uncontrollable bleeding was encountered. An emergency hysterectomy was performed. The defense maintained that the c-section was necessary to save the baby’s life and the hysterectomy was necessary to save the Plaintiff’s life. After the three week trial and a two hour deliberation, the jury agreed, and found that Mr. Ryan’s client was not negligent.
