Medical Malpractice

We successfully defended an anesthesiologist and pain management physician in a complex medical malpractice matter involving extraarticular facet joint injections which allegedly led to cauda equina syndrome, urinary and fecal incontinence, ED and other serious complications. After six days, a Delaware County jury found on behalf of the physicians. Experts in the case included anesthesiology, pain management, neurosurgery, neurology, neuroradiology, and urology experts. The defense verdict was dependent on successfully relaying the subtle and complex issues in the medical care and the nerves considering the patient’s past medical history, as well as the medications used in the procedure. Plaintiffs were critical of ten different aspects of the doctor’s procedure, but with expert testimony and cross examination, Gary and his team were able to prevail. 

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. 

We received a unanimous defense verdict of behalf of our 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. They also contended that the nerves were not transected, but instead were further injured by the necessary manipulation involved in removing the tumor — a recognized and accepted potential complication of this type of surgery. After deliberation, the jury delivered a verdict in favor of our clients.

We 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.

We 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.

After an 11-day, hard-fought trial, we prevailed and obtained a defense verdict on behalf of four physicians and a major teaching hospital in Philadelphia. The medical malpractice action involved the labor and delivery of a baby later alleged to have a hypoxic birth injury that caused developmental delays and permanent brain damage, among other issues. The plaintiffs’ experts boarded $21 million in future medical costs to take care of the child, and the demand in the pretrial was commensurate with those numbers.  

We secured a unanimous defense verdict in Philadelphia on behalf of a prominent orthopedic surgeon. The plaintiff alleged that the physician inappropriately touched her during a preoperative examination for bilateral hip surgery. Through meticulous cross-examination and persuasive argument, the defense team achieved a complete victory.

We secured a unanimous defense verdict in Philadelphia on behalf of a prominent orthopedic surgeon accused of inappropriate touching of a patient. The plaintiff alleged that the physician inappropriately touched her during a preoperative examination for bilateral hip surgery. Through meticulous cross-examination and persuasive argument, the defense team achieved a complete victory.

We obtained a dismissal in the middle of trial after cross-examining the plaintiff’s witnesses. This case involved a former NFL player and opera singer who contended they had permanent injuries after knee surgery and the failure to diagnose a pseudoaneurysm. Plaintiffs’ counsel agreed to dismiss our client prior to the end of their case, to prevent him from participating in the trial further, and decided to limit their recovery to the other defendants due to our successful cross-examination.

We represented an orthopedic practice in a case involving a former NFL player and opera singer who alleged permanent injuries after knee surgery and the failure to diagnose a pseudoaneurysm. Our highly-effective cross-examination of the plaintiff's witnesses resulted in our client's dismissal before the close of the trial, with the plaintiff choosing to limit their recovery to the remaining defendants. 

We received a defense verdict in a dental malpractice action before the Luzerne County Court of Common Pleas. The plaintiff had a history of issues with his third molars (wisdom teeth) beginning in 2012. In 2013, he was referred to have one of them extracted by a prior dentist. In October 2015, the plaintiff presented to our client for a broken tooth. During the exam, our client advised him that he needed to have all four of his third molars removed. He even suggested it needed to be done at the next visit. However, the plaintiff did not schedule any further appointments. On January 10, 2017, the plaintiff presented with an infected third molar on the lower right. Our client suggested extracting both third molars on the right, as all of his third molars were broken down and sources of infection, but the plaintiff would only allow extraction of the lower tooth. The dentist extracted the tooth, gave a prescription of amoxicillin, and administered two loading doses to get the antibiotic to therapeutic levels more quickly. He also told the plaintiff to call if the swelling in his face did not improve or if it got worse. Over the next four days, his swelling got worse every day, but he did not call the dentist. Finally, on January 14, 2017, his swelling had progressed into his neck, and he called our client, who saw him and immediately sent him to the emergency department. He was admitted to the hospital for 40 days, was intubated, underwent 11 procedures, including multiple incision and drainage procedures, placement of a PEG tube, and a tracheostomy. The plaintiff’s experts agreed that a patient has responsibility for his own care, and failing to have his teeth extracted, or calling the doctor when the situation got worse, contributed to his injury. Although contributory negligence was on the verdict slip, the jury never got to the question as they found our client was not negligent.

We obtained a defense verdict on behalf of a hospital and two Emergency Department physicians after a six-day jury trial in a complex and extremely emotional case involving the death of 7-year-old child. Allegations of negligence surrounded the failure to admit and perform a urine drug screen on an 18-year-old who presented high on synthetic marijuana or K2. We argued that the doctors appropriately performed numerous exams, tested and monitored the patient until he achieved clinical sobriety. The patient was discharged, then 22 hours later smoked more K2 and within two hours strangled his 7-year-old sister to death.

We obtained a defense verdict on behalf of one of the Philadelphia region’s largest hospitals and two of its Emergency Department physicians after a six-day jury trial in a complex and extremely emotional case involving the death of 7-year-old child. Allegations of negligence surrounded the failure to admit and perform a urine drug screen on an 18-year-old who presented high on synthetic marijuana or K2. We argued that the doctors appropriately performed numerous exams, tested and monitored the patient until he achieved clinical sobriety. The patient was discharged, then 22 hours later smoked more K2 and within two hours strangled his 7-year-old sister to death. 

We succeeded in partially dismantling a complex claim against a major health care client. The family of a former in-patient resident who died as a result of complications from the COVID-19 virus filed suit, raising claims that the patient was sexually assaulted while in the care of the hospital and a subsidiary ambulance company. Asked to join the defense team shortly before trial, we effectively discredited the plaintiff’s witnesses throughout the plaintiff’s case-in-chief. At the nonsuit stage, we wholly extricated our client—sealing off any exposure to liability for the large, corporate parent company. Following the jury’s $3.5 million verdict against the remaining defendants, we were engaged as appellate counsel and succeeded in further winnowing the liability exposure. We convinced the trial judge to: (1) deny the plaintiff’s request to reinstate the punitive damages claim based on the trial record; (2) grant a partial judgment notwithstanding the verdict on one claim, lopping a full $700,000 off the jury’s verdict; and (3) outright deny the plaintiff’s motion for delay damages, which had sought to add $742,000 to the jury’s verdict.

We received a defense verdict in a five-day jury trial in Philadelphia County involving multiple defendants. We defended the medical malpractice claim alleging a violation of HIPAA privacy and an intrusion upon plaintiff's seclusion resulting in his eviction and severe emotional distress. The plaintiff claimed an anonymous email he sent to our client, a social worker, purporting to seek mental health therapy was a "mental health record" and subject to HIPAA privacy laws. When it was discovered that the email was from the same individual stalking and harassing the client’s sister who worked at the apartment complex where he lived, our client provided the email to her sister, who then gave it to her employer to support legal action against the plaintiff. The email was used in an eviction proceeding, and the plaintiff claimed that the disclosure of the email violated his privacy rights under HIPAA and that he suffered humiliation and severe emotional distress as a result. The claim involved counts for medical and legal professional negligence, negligence per se, intrusion upon seclusion, conspiracy to commit an intrusion upon seclusion, intentional and negligent infliction of emotional distress, and a plea for punitive damages. The initial demand of $5 million was reduced to $125,000 before trial. No offer was made and a unanimous defense verdict was rendered in less than three hours.

We successfully defended an anesthesiologist after a two-week trial which included testimony of five medical experts and three treating doctors. The plaintiffs claimed the doctor’s regional nerve block, executed in advance of an orthopedic Achilles rupture repair, was performed negligently causing permanent nerve damage. Damages were sought for pain impacting marital relations and all aspects of the plaintiff's life. Under our cross examination, the plaintiff’s standard of care expert flipped his opinion. Despite excellent conditions for a directed verdict, the court declined to rule, ultimately resulting in a unanimous jury verdict for the defense.

We received a defense verdict for our client, a general surgeon, who performed carpal tunnel surgery on the plaintiff’s left hand. Following surgery, the plaintiff continued to complain of tingling, numbness and weakness in his hand. He went on to have two additional surgeries, performed by two different surgeons. During the third surgery, the surgeon found a median nerve injury. The plaintiff claimed that this nerve injury was caused by the defendant cutting the median nerve during his initial operation. At trial, the defendant demonstrated how he performs carpal tunnel surgery and protects the median nerve, making it nearly impossible to cut or injure the nerve. We contended that the median nerve injury must have happened later, likely during the second surgery. The jury rendered a defense verdict in favor of our client.

We secured a medical malpractice defense verdict in a complex urosepsis case where the damages included allegations of neurological sequelae and cognitive deficits. The trial was marked by aggressive cross-examination of expert witnesses and a deep dive into comprehensive neurological records and literature.

We obtained a defense verdict on behalf of an anesthesiologist after a medical malpractice jury trial in Lehigh County, Pennsylvania. The plaintiff, who underwent an elective right-shoulder surgery, alleged that the anesthesiologist and the certified registered nurse anesthetist who performed his laryngoscopy intubated him too soon, and under suboptimal paralytic conditions, leading to permanent throat damage. After a five-day trial, the jury returned a defense verdict within 15 minutes.

We received a defense verdict at the Montgomery County Arbitration Center where the three-attorney panel found in favor of our clients, a pediatric primary care office and a pediatric nurse. We represented the pediatric practice and the nurse against claims from the plaintiff who claimed her median nerve was injured by a venipuncture procedure performed by the nurse. The case was originally filed in the Court of Common Pleas; however, after discovery revealed a weak damages claim—we found many TikTok videos helpful to our defense—it was dropped to the arbitration level.

We obtained a defense verdict in a Bucks County medical malpractice case where we represented a leading orthopaedic surgeon. The plaintiff alleged failure to diagnose compartment syndrome in a 19-year-old who broke his ankle skateboarding. The case was transferred to us just two weeks before trial. 

We won a very hard-fought motion for summary judgment based on the plaintiff’s failure to prosecute in a matter that is now 10 years old. Suzanne won oral argument to dismiss the suit, based on the plaintiff’s failure to prosecute his case, by proving both actual prejudice to the client, a psychologist, and an inexcusable seven-year delay in any activity by the plaintiff. This medical malpractice claim was brought in Cumberland County, Pennsylvania, and was related to a psychological evaluation conducted of the plaintiff’s three children, whom he physically and psychologically abused for years.   

We obtained a medical malpractice defense verdict on behalf of a skilled nursing facility in the Cuyahoga County Common Pleas Court in Cleveland, Ohio. The children of an 82-year-old skilled nursing resident brought a lawsuit after their mother developed shingles and associated meningitis and passed away. They claimed the facility had inadequate infection control and failed to identify signs/symptoms of developing changes in their mother’s condition. The defense proved the facility offered the appropriate vaccinations that were required by the state of Ohio and that the standard of care did not require the facility offer or administer the Shingrix vaccine to its residents. They also proved the facility properly monitored the resident’s signs and symptoms; that she did not exhibit any classic signs or symptoms of shingles at the facility; and that the facility timely sent her to the ER for evaluation when her condition changed.  In closing arguments after a five-day trial, the plaintiffs asked the jury for $3 million. The jury deliberated for 75 minutes and returned with a defense verdict. 

We obtained a defense verdict in a Bucks County medical malpractice case where we represented a leading orthopaedic surgeon from a world-class orthopaedic institution. The plaintiff alleged failure to diagnose compartment syndrome in a 19-year-old who broke his ankle skateboarding. The case was transferred to us just two weeks before trial.

We received a defense verdict on behalf of an anesthesiologist after a six-day trial in Philadelphia. The plaintiffs had contended the anesthesiologist failed to deal with internal bleeding and blood pressure issues and failed to communicate with the surgeon during a Cesarean section and in the Post Anesthesia Care Unit (PACU), leading to the plaintiff almost bleeding out and causing the loss of her uterus during an emergency hysterectomy. The matter involved seriously conflicting experts and was a well-tried case by all parties. Fortunately, the jury was receptive to the defense arguments that, in fact, the doctor not only complied with the standard of care but exceeded it.   

We received a defense verdict for an emergency room physician in a medical malpractice case after a six-day trial. The plaintiffs alleged the physician failed to diagnose and treat a transient ischemic attack in the emergency department and that this failure caused the plaintiff’s ischemic stroke 48 hours later. Following an hour and a half of deliberations, the jury found the emergency room physician did not violate the standard of care.   

We received a unanimous defense verdict for their client in a high-exposure birth injury case. ​The plaintiff, the mother, alleged the obstetrician defendant was negligent in failing to identify her baby as large for gestational age in the prenatal period, in failing to proceed with a cesarean section during the labor, and in negligently performing a forceps delivery. The plaintiff alleged, as a result of her injuries from the delivery, she suffered pelvic organ prolapse, incontinence, and ongoing pain and suffering. The plaintiff underwent two subsequent gynecologic surgeries and alleged, as result of her ongoing pain, she would never be able to return to work for the remainder of her life. Through the testimony of our client and experts, we were able to establish the care provided by the obstetrician was within accepted standards of care and the decision to proceed with the delivery as performed was the safest option for the mother and baby. The jury returned a unanimous verdict in favor of our client.

We received a defense verdict for an emergency room physician in a medical malpractice case after a six-day trial. The plaintiffs alleged that the physician failed to diagnose and treat a transient ischemic attack in the emergency department and that this failure caused the plaintiff’s ischemic stroke 48 hours later. The plaintiff at the time was 44 years old. Following an hour and a half of deliberations, the jury found that the emergency room physician did not violate the standard of care.

We received a unanimous defense verdict on behalf of an orthopedic and physical therapy practice in a case where the plaintiff’s demand was $5 million. The jury deliberated for approximately six hours and had to decide whether the injuries sustained by the plaintiff  (detached retina, macular hole and other related eye injuries resulting in five surgeries in two years) were related to any negligence by his clients. We were able to prove, through aggressive cross-examination, that the injuries were not related to any negligence on the part of the practice, even though they occurred while the patient was being monitored and treated in physical therapy. 

We successfully defended a claim for failure to diagnose infectious endocarditis after a periodontal procedure. The plaintiff, who was 56 at the time, was diagnosed with streptococcal endocarditis after undergoing periodontal surgery with our client. As a result, he required an aortic valve replacement and claimed he had to sell his business as he could no longer work. It was asserted at trial that our client, the periodontist who performed the surgery, and the co-defendant dentist failed to recognize signs and symptoms of potential infectious endocarditis in post-op interactions with the plaintiff. The claim also alleged that had the plaintiff been diagnosed sooner, he would not have required open heart surgery and could have successfully been treated with antibiotics only. We argued that the appropriate standard of care was followed and that the plaintiff’s damages were unrelated to the care and treatment provided by their client.