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Jeffrey J. Chomko

Shareholder

JJChomko@mdwcg.com

Portrait of Jeffrey J. Chomko

As a shareholder in the firm's Professional Liability Department, Jeffrey concentrates a significant portion of his practice in defending errors and omissions claims directed to insurance agents and brokers, investment professionals, real estate professionals, appraisers and home inspectors in the State and Federal Courts of Pennsylvania. He also represents these professionals before state securities and insurance commissions, real estate commissions, and other regulatory forums, including the Financial Industry Regulatory Authority (FINRA), and Commonwealth Regulatory Agencies.  These matters involve licensure issues, administrative and regulatory litigation, and responding and defending against complaints and inquiries.

Jeffrey also defends funeral industry professionals, including funeral directors and cemeteries. Jeffrey has litigated bench and jury trials involving complex insurance, securities, commercial, real estate and burial disputes. He has represented insurance agents, securities brokers, real estate agents, title agents, home inspectors, banks, condominium boards, property management companies, and other commercial entities.  He also has a strong background defending both general liability and casualty matters from the most basic to the most complex. 

Jeffrey practices in both the state and federal courts of Pennsylvania, regularly representing clients in Pennsylvania State Courts, and the Federal District Court for the Eastern and Middle Districts of Pennsylvania. Jeffrey has entered PRO HAC VICE in multiple lawsuits in other jurisdictions, including Connecticut, Florida, Ohio, New Jersey, Delaware, and Virginia. He has a strong command of state and federal procedural rules and is well versed in the intricacies of local, state, and federal practice. In addition to litigating matters, he often utilizes the mediation and arbitration process to resolve complex disputes, including AAA Arbitration and through private mediators.

Throughout his career, Jeffrey has successfully litigated/handled hundreds of civil matters resulting in many defense verdicts, dismissals, or favorable settlements in both judicial and non-judicial forums. As a former registered representative, his understanding of the workings of the financial services industry and markets, as well as his familiarity with all types of insurance and investment products, has enabled him to efficiently and effectively handle complex insurance and securities disputes. His knowledge of residential and commercial real estate and the burial industry also allows him to successfully litigate these matters.
 
A graduate of Villanova University and Boston College Law School, he frequently presents to clients and industry groups on insurance and real estate related issues. His most recent presentation was "Best Practices for Insurance Agents and Brokers."

 

    • Boston College Law School (J.D., 1988)
    • Villanova University (B.A., 1984)
    • Pennsylvania, 1988
    • U.S. District Court Eastern District of Pennsylvania, 2001
    • U.S. District Court Middle District of Pennsylvania, 2001
    • Philadelphia Bar Association
    • Successfully defended insurance agent in a Maryland Insurance Department investigation involving a customer complaint concerning the sale of life insurance policies. The complaint alleged the agent oversold life insurance to a couple who claimed the amount of insurance was excessive, unsuitable and unnecessary. Jeffrey was able to demonstrate to the regulators that the agent did a thorough job in explaining the need and purpose for the coverage, and that the couple could afford the coverage, and actually drove the decision to purchase the policies. They only changed their mind later, after the client was criticized by a subsequent insurance agent. Jeffrey also shut down a Certified Financial Planner Board investigation involving the same matter. 
    • Successfully gained dismissal of an action against an insurance agent in Wyoming County Pennsylvania on a matter involving the sale by an agent of a number of mutual funds (IRA retirement funds). In this case, the plaintiff contended the mutual funds were excessive and unsuitable. Jeffrey convinced the trial court judge that plaintiff’s counsel’s lack of activity for several years on the case, and his failure to respond to long-outstanding discovery, warranted a full dismissal of the lawsuit.
    • Defense verdict obtained on behalf of a registered investment advisor and broker-dealer following a four day jury trial in Schuylkill County.  The registered investment advisor and broker dealer were sued by their former client for investment losses.  The Plaintiff was a paraplegic whose wealth was obtained through a jury verdict and settlements related to his injuries.  The case was defended on the basis that the registered investment advisor met the standard of care and did not breach any duties owed to the Plaintiff, as well as the fact that the Plaintiff was net profitable in his investments.  The Plaintiff sought to "cherry pick" losing investments from an overall profitable portfolio.  
    • Represented and obtained dismissal of an insurance agent in the Philadelphia Court of Common Pleas in a matter involving an insurance policy the agent had sold to a professional hockey player. When the player's widow brought a claim for a breach of the standard of care,  Jeffrey successfully argued that no duty was owed or breached.
    • Obtained summary judgment in a binding arbitration on behalf of an insurance agent against a well-known Philadelphia restauranteur in a dispute involving the assessment of a co-insurance penalty. Succesfully argued that the insured's own conduct barred him from obtaining recovery.
    • Obtained summary judgement on behalf of an insurance agent and agency against a lawyer/plaintiff in a case involving the placement of coverage for a residential commercial property in Philadelphia. Successfully argued that no breach of contract claim was manifested.
    • Successfully resolved a condominium dispute involving a resident who sued a condominium board and its individual officers in tort and contract, by establishing that the board acted properly in its management and oversight of the property.
    • Successfully defended claims for declaratory, injunctive and monetary relief on behalf of a non-profit retirement organization by arguing that the entity acted properly in assisting its members in purchasing and residing in a Center City condominium, despite claims by existing residents that the organization's members should not be permitted to live there, due to advanced age. Successfully utilized a Human Relations Commission decision on behalf of the elderly residents to effectively bring an end to the civil litigation.
    • Successfully argued that a policy of life insurance is not bound until the policy of insurance is actually delivered and is paid for by the policyholder.
    • Successfully able to reduce and resolve multi-million dollar settlement demands down to less than a fraction of the damages claimed. In one instance, the demand was for $1.6 million and was resolved for $245,000. In another instance, the demand was for $2.1 million and the case was resolved for $160,000.
    • Through the use of inspection, engineering, or construction experts, was able to resolve for pennies on the dollar cases with high exposure, including extra-contractual damage exposure.
    • Successfully employed the use of appraisers, conduct experts, and cause and origin experts to resolve multiple matters involving potential exposure in excess of $1  million for fractions of that amount.

Results

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Defense Award Following Six-Week FINRA Hearing

We obtained a defense award on a six-week FINRA hearing where our client, a General Agent, faced an alleged defamation/conversion/wrongful termination claim. The claimants contended that our client not only wrongfully discharged them after discovering their involvement in a bank-owned life insurance transaction, but also converted their trails and commissions, and defamed them on their U-5 form published through FINRA BrokerCheck. Damages totaling $15 million and punitive damages were sought by the three claimants. While the panel awarded $8 million in damages against the firm they were affiliated with, we obtained a defense award on all counts and dismissal of all claims for punitive damages on behalf of our General Agent client.

Investigation Against Home Appraiser Shut Down by Defense

We successfully defended a home appraiser in a regulatory investigation undertaken by the Pennsylvania Commonwealth Bureau of Enforcement relating to the appraisal of a five-acre parcel of property. The complainant contended the valuation arrived at by the appraiser (as part of a divorce proceeding) was artificially low given the fact the parcel was sub-dividable. We convinced the investigator that the appraisal number arrived at was in line with comparable properties in the area, particularly given some of the ingress issues involved in accessing the property. After an in-person interview of the appraiser and submissions, the investigator elected to shut the investigation down and take no further action against the appraiser. 

Thought Leadership

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Defense Digest

On the Pulse…Our Real Estate E&O Liability Practice Group

December 1, 2022

Our Real Estate E&O Liability Practice Group has a long history of representing real estate professionals. We have defended real estate brokers and agents, title agents and abstractors, appraisers, surveyors, home inspectors, mortgage companies, property management companies and condominium associations, on all types of claims brought in state and federal court and regulatory forums throughout all jurisdictions in Pennsylvania, New Jersey, New York, Florida, Delaware, Ohio and Connecticut. These claims manifest themselves in a variety of ways, with most arising from commercial and residential real estate transactions. They involve disputes surrounding disclosures, financing, valuation, liens, zoning, property management, conditions, construction, and a variety of other items that arise from the property acquisition and transfer process. The claims range from contract to tort, to those raising statutory violations. Many present equitable issues involving easements, deed restrictions and title. Apart from these standard E&O claims, the Group also represents and defends condominium associations and boards in disputes arising with and between unit owners and third parties. These claims may involve property damage, construction, water, fire and mold disputes. They can also include a variety of other issues, including those specific to particular jurisdictions, like mold, sinkholes and storm-related claims. We also handle disputes surrounding the legal interpretation and application of association governance documents, such as declarations and by-laws in declaratory judgment actions. In the regulatory forum, our lawyers regularly defend real estate professionals against customer complaints resulting from the delivery of services. They often implicate violations of state and administrative law concerning the delivery of professional services. We defend real estate agents, appraisers, title agents and a variety of other professionals from these complaints, starting with the customer complaint or initial inquiry received through the administrative hearing process. Our practice group is composed of seasoned, creative and highly regarded lawyers who have litigated many complex disputes. They include shareholders: Jay Rothman, Jeffrey Chomko and Dana Gittleman in Philadelphia; Christopher Conrad in our Harrisburg office; Jonathan Kanov in Fort Lauderdale, Florida; Christopher Block in our Roseland, New Jersey, office; and Aaron Moore in our Wilmington, Delaware, office. We also have a team of associates and paralegals who work with them in preparing and defending all aspects of these cases. We pride ourselves on our strong reputation, earned over the last 60 years through the successful defense of the most complex and difficult matters. Our philosophy is simple: to quickly evaluate and strive to efficiently resolve these matters at an early stage, if possible, in order to avoid costly, unpredictable litigation. Nevertheless, if necessary, we are prepared to take to trial those cases that cannot be resolved. We also present seminars and training sessions to clients and insureds that address legal issues that arise in the particular jurisdictions we service. We discuss best practices for real estate agents, home inspectors and other professionals. We welcome you to look at the bios of our attorneys in the group and reach out to us with any questions.   Defense Digest, Vol. 28, No. 12, December 2022, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2022 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

graphic with Maria Granaudo photo text announces she has joined the firm as a shareholder in the Health Care Dept.

News

Maria R. Granaudo Joins Marshall Dennehey’s Wilmington Office As a Shareholder in the Health Care Department

News

Tiere J. Phillips Elected to the Judicial Committee of the Allegheny County Bar Association

Event

29th Annual FDLA Florida Liability Claims Conference

Jim and Erica will team up to present, "Supporting the Next Generation: Connecting with Associates." This panel-style presentation will explore communication best practices from the perspective of a senior shareholder and newer associate. The discussion will focus on the communication styles of different generations and effective strategies to avoid communication breakdowns. Topics to be discussed include the hiring process, perceptions of defense work among newer lawyers, work-life balance issues after hiring, and mentoring.

News

Marshall Dennehey Again Earns Recognition in Distinguished Chambers USA

Thought Leadership

Legislation Proposed to Reduce the Cost of Prescription Topical Drugs

In March, Pennsylvania Senate Bill 1215 was introduced in an effort to address the high cost of prescription topical drugs. According to the bill’s sponsor, the issue is excessive reimbursement rates for topical drugs that are essentially alternate versions of readily available, less expensive over the counter drugs. A study performed by The Workers’ Compensation Research Institute (WCRI), shows that Pennsylvania has the highest share of prescription reimbursements and the highest average quarterly payments for topical drugs.  The proposed bill would provide for payment for each ingredient separately, instead of reimbursing a single inflated price, deny payment if an ingredient lacks a valid National Drug Code, limit total reimbursement to $400 per 30 day supply no matter what ingredients are used, ban reimbursement for compound drugs that duplicate existing commercial drugs, and add a flat $20 compounding fee for pharmacies or physicians who prepare the medication. The goal? To eliminate inflated billing practices and reduce costs for employers and insurers.  Currently, the bill is in committee. We will monitor the proposed legislation as it advances and provide updates as to any significant developments that may occur. 

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

NJ Workers' Compensation Legislation Update

A couple more bills were introduced for the 2026-27 session. Any updates since February have been highlighted in bold. A1023 | S3984 Medical use of cannabis under certain circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045 Certain injuries to volunteer and professional public safety and law enforcement personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A3724 Personal liability to employer officers for failure to pay for coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617 Certain workers' compensation supplemental benefits and funding method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026, and referred to the Assembly Labor Committee. S241 Inclusion in database of appointed officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. A1870 | S1379 Workers' compensation benefits for certain workers due to September 11, 2001, terrorist attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S2290 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026, and referred to the Senate Judiciary Committee. A3167 | S2372 Workers’ compensation insurance requirements for certain corporations and partnerships. This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1384 | S2757 Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S3144 Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026, and referred to the Senate Labor Committee. S3342 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026, and referred to the Senate Judiciary Committee. A3548 | S3571 Maximum benefits for certain volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment.. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee.

Thought Leadership

What’s Hot in Workers’ Comp - News and Results*

RESULTS* Ben Durstein (Wilmington) obtained a favorable decision involving a claimant who fractured his patella in a work accident requiring two surgeries. The IAB rejected the claimant’s medical expert’s opinion that he sustained a 25% permanent impairment to the right lower extremity. Instead, the board accepted the opinion of the employer’s medical expert that the appropriate permanency was 13% utilizing the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment. Tony Natale III (King of Prussia) successfully had a claim petition alleging new injuries and periods of disability dismissed based on full recovery. The claimant was injured when his skid loader was struck by another loader in the process of baling hay. Original injuries were accepted and the claimant returned to work. Thereafter, the claimant abandoned work and filed a claim petition to assert new injuries and extended disability. Cross examination of the claimant’s medical expert stunningly revealed his failure to review claimant testimony, his lack of awareness of a social security disability decision detailing the existence of claimant’s alleged work-related conditions prior to the date of work injury, and his failure to understand that the claimant admitted to full recovery of injuries for which he was continuing to treat. Tony Natale III (King of Prussia) successfully obtained a defense verdict in a Medicare conditional payment lien third level appeal. The United States government alleged a Medicare conditional lien payment was due and owing in the upper six-figure range based on an auto accident and PIP policy for which the government conditionally became the primary carrier. The government argued that our client, the PIP carrier, was the primary payer and, under federal law, must reimburse the government for its conditional lien payment. At the third-level appeal hearing, the government’s position was refuted by the revelation that the date of injury tied to the medical bills associated with the lien was glaringly and chronologically prior to the insurer’s PIP policy date. The court held that based on this evidence and argument, the government could not meet its requirements to assert a lien against our client. A. Judd Woytek (King of Prussia) and John Abda (Scranton) successfully had a workers’ compensation claim petition granted for medical benefits only for a closed period with no wage loss awarded. The claimant alleged multiple injuries as the result of a very minor motor vehicle incident where a co-worker’s delivery van rolled down an incline of approximately six feet, and bumped into the rear of the claimant’s delivery van. He claimed he was thrown forward and suffered head and neck injuries, along with aggravating a pre-existing ankle injury. The claimant was also terminated following the accident for having a large hunting knife in his van, which was against the employer’s workplace violence policy. The judge granted the claim for a mild concussion and an ankle contusion, but terminated medical benefits as of the date of our IME’s. The judge found that no wage loss benefits were payable as the claimant was terminated for cause and work remained available to him. The judge found our medical experts to be more credible than the claimant’s, along with finding our four employer witnesses to all be credible. The trial team was assisted by paralegal Bonnie Zemek (King of Prussia). Eric Scott Thompson (Wilmington) was successful in a workers’ compensation matter in Delaware. On October 15, 2024, the claimant was injured while performing fire training in a multistory building when he tripped over a fire line, injuring his right knee. The claimant received regular and consistent treatment for the right knee through August 29, 2025, when he presented with left knee complaints for the first time. His treating orthopedist diagnosed a hamstring strain. The claimant was next seen October 15, 2025, with continued left knee complaints, and was referred to a total knee doctor within the practice. He was then diagnosed with a posterior root tear of the medial meniscus. Our expert testified that it was not plausible for a lateral hamstring strain to progress to a meniscal tear in two months. The claimant required a total knee replacement that was ultimately performed in February 2026. In the six months between the time of initial presentation with left knee complaints and the total knee replacement, conservative care consisted of a single injection. Our expert testified that posterior root media meniscal tears can respond to conservative care, and it was not known if it would with the claimant because it was not adequately explored. The Industrial Accident Board agreed with our expert and determined that the claimant failed to meet the burden of establishing more likely than not that the left knee complaints were caused by overloading/overuse as a result of the compensable injury to the right knee. They also agreed that the claimant was able to return to work in a sedentary capacity as opined by his physicians and our expert prior to the left total knee replacement and that there were employment opportunities available within his restrictions and capabilities as presented by the vocational expert. As a result, the claimant was no longer entitled to total disability benefits and will receive partial disability benefits for which he is limited to 300 weeks. Michele Punturi (Philadelphia) and Alana Staniszewski (Pittsburgh) had a termination petition granted in a Pennsylvania workers’ compensation case. The petition involved an echocardiography technologist with long-term employment at a local hospital who sustained a right shoulder injury resulting in surgery in January 2024. Following surgery, the claimant was diagnosed with a frozen shoulder and underwent additional surgery in June 2024, with a recommendation for a third surgery. The opinions of the defense medical expert, a Board-certified orthopedic surgeon, were found credible, persuasive, and competent based upon the extensive history he obtained from the claimant, analysis of the mechanism of injury, and review of records, along with comparison of MRIs from October 2023, February 11, 2024, and January 6, 2025, which failed to reveal any causal relationship other than a strain/sprain of the right shoulder. This evidence supported that the claimant had fully recovered, and was not in need of any ongoing medical treatment and/or restrictions. In particular, despite allegations of injuries beyond a sprain/strain, the defense medical expert identified that those allegations were not consistent with what was found at the time of surgery, and elements of the surgery were to treat a chronic and degenerative condition. Additionally there were no ongoing issues or problems with the subscapularis, which was intact, consistent with the follow-up MRI of February 11, 2024, and the claimant did not have evidence of a frozen shoulder. In fact, the MRIs and mechanism of injury, he opined, did not support any injury causing tendonitis or inflammatory conditions within the bicep tendon. Furthermore, multiple days of surveillance footage demonstrated the claimant’s normal use, with the ability to sweep and shovel snow, operate her vehicle, raise her arms above shoulder level, and use a broom – all without any observable difficulty, which challenged the claimant’s credibility of a disability and further established a lack of causation. As a result of this favorable decision, supersedeas fund reimbursement will be obtained for both wage loss and medical benefits through the supersedeas fund recovery process. *Prior Results Do Not Guarantee a Similar Outcome NEWS Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. The discussion included appropriate pre-mediation communications, setting of expectations, management of expectations, and working through the unexpected or unprepared. Attendees gained ideas about how and when to prepare, best practices, and the potential for non-parties (spouse, significant other, risk owners-insurers) to have differing perspectives or concerns than the actual employee and employer. On May 21-22, 2026, A. Judd Woytek, (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You: How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.