RWR partners Scott C. Nelson and Todd M. Porter successfully obtained a directed verdict in favor of a surgeon in a recent medical negligence trial. The plaintiff, a 69-year old female patient, died from hemorrhagic pancreatitis shortly after her discharge from the hospital, two days after undergoing rectal prolapse surgery. The plaintiff alleged that the patient’s primary care physician and surgeon failed to adequately raise her hemoglobin level prior to surgery, and that a surgical resident at the hospital failed to suspect or diagnose pancreatitis prior to discharging the patient from the hospital. The hospital settled with the plaintiff during trial, and the case proceeded against the primary care physician and the surgeon. The plaintiff sought $2 million, and after more than two days of deliberations, the jury advised that it was unable to reach a unanimous verdict. The trial judge then granted the physicians’ motions for directed verdict, agreeing with the physicians’ argument that the plaintiff had failed to establish that the physicians’ conduct was the factual or legal cause of the patient’s death from hemorrhagic pancreatitis.

RWR partners Scott Nelson and Tammy Wade successfully defended two internal medicine physicians against claims of negligence in the treatment of neck pain that began when the patient thought he swallowed a chicken bone. After receiving emergency care, primary care and an ENT consultation for throat pain, the patient developed infection, a pseudoaneurysm, and suffered a stroke after surgery. Plaintiff's lawsuit alleged that the defendants were negligent in failing to immediately admit the patient to the hospital; failing to order an emergent CT scan; failing to order an emergent surgical consult; and failing to prescribe IV antibiotics. As a result, the patient developed a pseudoaneurysm, which led to a stroke and need for rehabilitation. The physicians denied that their care and treatment was negligent and denied that any claimed act or omission on their part was a proximate cause of the plaintiff’s claimed injuries, contending that nothing in the patient’s presentation required immediate hospitalization, an emergent CT scan, an emergent surgical consult or IV antibiotics. The plaintiff sought in excess of $2 million, but the jury returned a verdict in favor of the defendants on all counts.

RWR partners Jack Reidy and Tammy L. Wade successfully obtained a jury verdict in favor of a physician and a health care center in a recent medical negligence trial. The plaintiff alleged that our physician client failed to timely refer the plaintiff to a specialist for further diagnosis of unexplained ear pain. As a result of the delay, the plaintiff alleged that his diagnosis of tonsillar cancer was delayed resulting in multiple modality treatment that he would not have otherwise incurred had the physician provided him with an earlier referral to an appropriate specialist. Plaintiff sought in excess of $3,000,000 and the jury found in favor of the physician and health center on all counts.

RWR partner, Jack Reidy, and associate, Shera Wiegler, successfully obtained a jury verdict in favor of a physician client in a recent medical negligence trial. The plaintiff alleged that our client’s use of a nitinol closure device during an angiogram procedure resulted in a subsequent surgery to remove the device, where the plaintiff had a nickel allergy. Plaintiff sought in excess of $350,000 and the jury found in favor of the physician on all counts.

Tim Breems, RWR's managing partner, and associate, Brandon Freud, won a judgment in favor of a property owner client in their defense of title to his home. Plaintiff was a prior owner of the property and claimed that a power of attorney and deed in the chain of title were forgeries. Plaintiff sought to eject our client and his family from their home. After more than 7 years of litigation and a week long trial, the trial judge found that we had proved that our client was a bona fide purchaser of and had superior title to the home.