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.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Dan Ryan obtained a defense verdict for an orthopedic surgeon in Delaware County. The plaintiff underwent a total right knee replacement in 1997, by the orthopedic surgeon. The plaintiff did very well with her knee implant for a period of almost five years. In 2002, the plaintiff began to experience right knee pain and it was found that the right knee implant had loosened. As a result, the plaintiff underwent a second knee replacement surgery to the right side. The plaintiff claimed that this loosening was caused by the way that the knee was aligned during the 1997 surgery, and also because the knee prosthesis used was too large. The defense maintained that the 1997 surgery exceeded the standard of care and that the loosening of the knee implant was not caused, in any way, by the technique used in the previous surgery. Following a two day trial and thirty minutes of deliberation, the jury agreed, and found that Mr. Ryan’s client was not negligent.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Paul Peel obtained a defense verdict for an otolaryngologist in Bucks County. Plaintiff, a physician, alleged that he underwent unnecessary sinus surgery causing him to require a revision surgery. Plaintiff also alleged that he was not given proper informed consent. Mr. Peel secured dismissal of various claims by plaintiff at non-suit. The defense successfully argued that the surgery was medically indicated and that proper informed consent was given. Experts in otolaryngology and radiology testified. The jury deliberated only one hour before returning a verdict for the defense.
by Mark Bauman | Feb 18, 2023 | SUCCESSES
Bart C. Tuttle received a decision in favor of an anesthesiologist at arbitration. Plaintiff, a 57 year old woman, had a history of cardiovascular disease and was diagnosed with progressive multivessel disease in February 2002. On February 28, 2002, Plaintiff underwent a quadruple coronary artery bypass grafting procedure, which involved a sternotomy and a saphenous vein was harvested from the patient’s right leg for the grafting procedure. After the procedure was completed, the Plaintiff was prepared to be transferred from the operating room table to the hospital bed using a roller board. During the transfer, the bed separated from the operating room table, and the Plaintiff began to slide between the bed and the table. The anesthesia team protected the Plaintiff’s head and neck, including the endotracheal tube. All medical personnel participating in the transfer lowered Plaintiff to the ground between the bed and the table. She landed on her left side. Plaintiff was examined for injuries, then lifted onto the hospital bed. A trauma team was called as a precautionary measure to perform a comprehensive evaluation. Following a full work up including multiple diagnostic tests, it was determined Plaintiff did not suffer any injury as a result of the incident. Plaintiff remained in the hospital during the normal post-operative period, and was discharged for rehabilitation.
Plaintiff claimed that she suffers from ongoing pain in her sternum, and suffered an injury to her right ankle as a result of the incident. Plaintiff sued the anesthesiologist, the cardiothoracic surgeon, several nurses, and the hospital. She did not proceed against the cardiothoracic surgeon during the arbitration.
Mr. Tuttle argued that the transfer from the OR table to the bed was performed in the standard fashion. Unfortunately, the bed separated from the OR table and Plaintiff had to be lowered to the floor. This unforeseen incident was handled appropriately, the patient was well protected, and she was subsequently thoroughly examined and deemed to be free from injury. The defense presented the expert testimony of James Noone, M.D., an anesthesiologist and pain management specialist. Dr. Noone testified that because Plaintiff experienced relief from her sternal pain for three months following a steroid injection, this indicated the pain was due to costochondritis. The costochondritis was not caused by the incident; therefore, her sternal pain was not a result of the incident. Furthermore, sternal pain is a common symptom following a median sternotomy incision even with successful healing. Mr. Tuttle further argued that Plaintiff’s right ankle complaints could not be related to the incident because she was lowered onto her left side, therefore, the mechanism of the incident could not have caused injury to her right ankle. Further, the saphenous vein harvested for the grafting procedure was taken from the right leg.
The arbitration panel agreed that Plaintiff did not suffer any injury as a result of the incident and found in favor of the defense.
