Long-Term Care Liability

Robert Evers and Nataliana Guida, with assistance from paralegal Elina Sheldon (all of Roseland), secured a defense verdict on behalf of an oral surgeon in a medical malpractice matter. The plaintiff alleged that our client deviated from accepted standards of care when extracting four wisdom teeth resulting in permanent injury to the inferior alveolar nerve. The jury returned a unanimous verdict for the defense.

Justin Johnson and Nataliana, with support from paralegal Elina Sheldon (all of Roseland), received a unanimous defense verdict of behalf of their clients. The plaintiff was a seven-year-old girl who presented with a sacral aneurysmal bone cyst, an expansile, lytic lesion that destroyed sacral bone and was causing compression on her lower lumbar and sacral nerve roots. The plaintiff experienced the inability to control her bladder and bowel post-operatively, and had no sensation in her sex organs. The plaintiff’s experts alleged that the lower sacral nerve roots were transected by the defendants during the surgery, most likely by cinching them via a negligently placed suture circumferentially around the thecal sac. The defendants (and their experts) denied that such a suture was placed and also contended that the nerves were not transected, but rather were further injured by the necessary manipulation involved in removing the tumor — a recognized and accepted potential complication of this type of surgery.

Leslie Jenny (Cleveland) obtained a defense verdict on behalf of a nursing home in Cuyahoga County. The case involved a 75-year-old resident who fell, fracturing his hip, and died. The medical examiner ruled that the death was accidental and due to the fall. The plaintiff claimed inadequate fall precautions and failure to assess appropriately after the fall against the skilled nursing facility, and requested punitive damages. The plaintiff’s Final Pretrial Statement demanded $7 million. After three days of trial, the judge granted a directed verdict for the defense.

Michael Roberts, with assistance from paralegal Sarah Schmidt (both of Cincinnati), was successful in having a dental malpractice case dismissed at trial. The plaintiff alleged, among other things, that our client improperly placed a crown on a tooth, leading to a severe infection. At the trial, Michael argued that the case should be dismissed as the plaintiff failed to provide an affidavit of merit and expert testimony. The magistrate agreed and entered a dismissal on behalf of our clients.

Gary Samms, with support from David McColloch (both of King of Prussia), obtained a defense verdict on behalf of a major Philadelphia healthcare provider after a contentious six-day trial. After undergoing a kidney transplant, a patient suffered complications in post-operative care and died a day after the surgery. The plaintiffs were critical of the post-operative care, claiming the physicians failed to take the patient back to the operating room in light of post-op bleeding. The hospital and physicians maintained that the post-procedure complications were related to previously unknown liver issues that resulted in liver failure/liver shock that created an unstable condition and prevented re-operation. While the family presented a very sympathetic case, Gary was able to prove, through the science and medicine, that the doctors acted appropriately and did not cause the woman’s passing. Paralegal Nancy Farnen (Philadelphia) was instrumental in the result.

*Results do not guarantee a similar result.