| RECENT
DEFENSE VERDICTS |
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March 2008, Ken Deacon and Mike Stofer obtained a defense verdict in a medical malpractice case. The plaintiff claimed that an obstetrician gynecologist was negligent in performing laproscopic cystectomy for the removal of an enlarged ovarian cyst, resulting in the perforation of the small intestine and severe peritonitis. The plaintiff claimed that the surgery should not have been performed. The plaintiff asked the jury for over $750,000. The jury determined that the physician was not negligent.
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September 2007, Ken Deacon and Thea Dalkalitsis obtained a defense
verdict in a medical malpractice case. The plaintiff claimed that an
infectious disease physician failed to promptly diagnose and treat a shoulder
infection, which led to sepsis and death. The patient also suffered from a hospital acquired yeast infection. The plaintiff sought approximately $1 million. The jury determined that the doctor was not negligent. This was the second physician our firm successfully defended in the same case. Prior to trial, we obtained final summary judgment on behalf of an orthopedic surgeon, who was also alleged to have contributed to the sepsis and death.
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July, 2007 Ken Deacon and Thea Dalkalitsis obtained a defense verdict in a medical malpractice case. The plaintiff alleged that two obstetrician gynecologists were negligent in failing to respond promptly and adequately after the pregnant plaintiff reported vaginal bleeding and abdominal pain. A placental abruption was diagnosed at birth. The child suffered brain injury and developmental delays. The plaintiff's life care/vocational rehabilitation plan supported future economic damages in excess of $3 million. The jury determined that both physicians were not negligent.
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June, 2007, Weston Smith and Gail Moulds obtained a defense verdict in a medical malpractice case. The plaintiff claimed the defendant orthopedic surgeon failed to diagnose a femoral stress fracture, performed unnecessary surgery and performed the surgery incorrectly. The plaintiff further claimed the actions of the surgeon caused a staph infection leading to systemic sepsis and disarticulation of the leg. The plaintiff sought over $1 million at trial. The jury determined the orthopedic surgeon was not negligent.
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May 2007, Ken Deacon and Thea Dalkalitsis obtained a defense verdict on behalf of an anesthesiologist, in a medical malpractice case. The plaintiff claimed temporary paralysis and severe neurological injuries following surgery involving spinal anesthesia. The plaintiff claimed the anesthesia agent, lidocaine, was toxic to the nerves in her spine. The jury determined that the anesthesiologist was not negligent.
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April 2007, Gail Moulds and Weston Smith obtained a defense verdict in a medical malpractice case. The plaintiff underwent a laparoscopic fundoplication and was later diagnosed with a perforation of the esophagus. Plaintiff alleged that the defendant physician who was providing postoperative care delayed in diagnosing the perforation causing the plaintiff to require an unnecessary surgery, a lengthy hospital stay and resulting injuries including Post Traumatic Stress Disorder.
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November
2006, Ken Deacon and Mike
Stofer obtained a defense verdict in a medical
malpractice case. The plaintiff alleged an advanced registered
nurse practitioner negligently failed to diagnose a cranial
wound infection that later resulted in two brain surgeries
and permanent loss of significant portion of the plaintiff's
skull. The jury determined that the ARNP was not negligent.
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October
2006, Ken Deacon obtained a defense
verdict in a medical malpractice case. The plaintiff alleged
that the physician, a pediatric intensivist, was negligent
in failing to recognize that an infant's breathing tube
had become dislodged. The plaintiff also alleged that there
was a negligent delay in getting CPR started. The defense
contended that the child died from a very serious respiratory
illness. The plaintiff asked the jury for an award of ten
million dollars. The jury determined that the physician
was not negligent.
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August
2006 - Ken Deacon and Thea Dalkalitsis obtained a defense verdict in a Medical Malpractice case.
The plaintiff alleged that the physician was negligent for
failing to respond with proper evaluations and treatments
after the pregnant plaintiff reported decreased fetal movement.
The baby was subsequently born with significant and permanent
brain damage. The firm originally represented three defendant
physicians. Two were dismissed by summary judgment and the
third proceeded to trial. The plaintiff admitted into evidence
a life care/vocational rehabilitation plan supporting future
economic damages in excess of $20 million. The jury determined
that the physician was not negligent.
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June
2006 - Gail Moulds and Weston Smith obtained a defense verdict in a Medical Malpractice case.
The plaintiff alleged that the physician was negligent for
failing to timely diagnose a perforation of the colon. They
further alleged that the delay caused, among other problems,
sepsis, respiratory failure and endocarditis, all requiring
a lengthy hospitalization and rehabilitation. The jury determined
that the physician was not negligent.
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June
2006 - Ken Deacon and Weston Smith obtained a defense verdict in a six day Medical Malpractice
trial. The Plaintiff alleged the physician was negligent
for failing to properly treat a Deep Vein Thrombosis (DVT).
Plaintiff further alleged that the DVT caused a Pulmonary
Embolism directly causing death. The Plaintiff sought more
that $5 million in damages. The jury determined the physician
was not negligent.
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April
2006 - Ken Deacon obtained a defense verdict in
a three week Medical Malpractice trial on behalf of two
physicians. The Plaintiff alleged the physicians were negligent
for failing to diagnose a Pulmonary Embolism that was claimed
to have caused the deceased patient’s death. The jury
determined the physicians were not negligent.
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April
2006 - Weston Smith and Gail Moulds obtained a defense verdict in a five day Medical Malpractice
trial. The Plaintiff alleged the physician was negligent
for severing the Plaintiff's median nerve while performing
carpal tunnel surgery. The Plaintiff underwent two subsequent
wrist surgeries, including nerve grafting. The two subsequent
surgeons both opined that the defendant physician had severed
the median nerve. The jury determined the physician was
not negligent.
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February
2006 - Ken Deacon obtained a defense verdict in
a medical malpractice trial, on behalf of a hospital. The
Plaintiff, a fifty-one year old male originally seen at
a Walk In Clinic was referred to the emergency room of a
hospital. The Plaintiff alleged that a physician misread
various radiographic films, leading to serious medical problems
including renal failure, sepsis and multiple brain abscesses.
The Plaintiff further alleged the hospital lost some of
the films. The jury determined the hospital was not negligent.
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September
2005 - Gail Moulds and Weston Smith obtained
a defense verdict in a one week medical malpractice trial.
The Plaintiff alleged the physician was negligent for failing
to search for and diagnose a great vessel injury subsequent
to a motor vehicle accident. The Plaintiff also alleged
the physician was negligent for failing to transfer the
Plaintiff to a Level One Trauma Center. The deceased Plaintiff
was survived by his wife and two young children. The jury
determined the physician was not negligent.
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April
2005 - Gail Moulds and Weston Smith obtained a defense verdict in a medical malpractice case.
The Plaintiff alleged the physician was negligent for failing
to timely diagnose an ectopic pregnancy. The Plaintiff further
alleged that the failure to diagnose led to rupture and
loss of the Plaintiff’s chance to naturally conceive
a child. The jury determined the physician was not negligent.
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February
2005 - Ken Deacon obtained a defense verdict in
a medical malpractice case. The Plaintiff alleged that the
physician improperly decided the plaintiff was a suitable
candidate for a vaginal childbirth, that the physician failed
to properly assess the shoulder dystocia that was encountered
during the birth, and that, as a result, the infant was
delivered with a severe brachial plexus injury. The jury
determined the physician was not negligent.
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December
2004 - Gail Moulds and Weston Smith obtained a defense verdict in a nursing home negligence
and resident rights case. The Plaintiff alleged that the
nursing home allowed the resident to suffer from an attack
of hundreds of fire ants. The Plaintiff showed photos of
the ant bites and produced medical proof of the ant attack.
The jury determined the nursing home was not negligent and
had not violated any resident rights.
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November
2004 - Ken Deacon obtained a defense verdict in
a medical malpractice case. The Plaintiff alleged the physician
failed to properly treat a young child that suffered from
a rattlesnake bite and died. The jury determined the physician
was not negligent.
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September
2004 - Weston Smith obtained a defense verdict
in a nursing home negligence and resident rights case. The
Plaintiff alleged that the nursing home allowed the deceased
resident to suffer from numerous preventable falls, unexplained
injuries, weight loss, deep vein thrombosis, aspiration,
and failed to properly document the resident’s chart.
The Plaintiff showed the jury photos of severe bruising
and asked the jury to award $2 million dollars. The jury
determined the nursing home was not negligent and had not
violated any resident rights.
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March
2004 - Ken Deacon and Weston Smith obtained
a defense verdict in a medical Malpractice case. The Plaintiffs
alleged that the physician was negligent for failing to
properly treat new onset diabetes in a young child, leading
to the child’s death. The Plaintiffs sought damages
of $25 million dollars. The jury determined the physician
was not negligent.
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January
2004 - Ken Deacon obtained a defense verdict in
a medical malpractice case. The Plaintiff alleged that the
physician improperly prescribed methadone for the patient,
leading to an overdose causing the patient’s death.
The jury determined the physician was not negligent.
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November
2003 - Ken Deacon, Weston Smith and Walter
Greenough obtained a defense verdict in a products liability
case. The Plaintiff alleged that an infant child died when
a child restraint seat was defective in an automobile accident.
The Plaintiff sought damages of $37 million dollars. The
jury determined the child restraint manufacturer was not
negligent.
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