Another Jury Trial Victory in Civil District Court
Firm attorneys Dennis Phayer and Jonathan Adams obtained a no liability defense verdict last Thursday in a medical malpractice suit filed against the State of Louisiana by a patient of Medical Center of Louisiana at New Orleans. The trial was a classic battle of the experts.
The plaintiff filed suit in Orleans Parish Civil District Court in 2011. The Firm assumed the defense of the case in January of 2018, only months before trial started. The plaintiff was well-represented by a local and experienced trial attorney who specializes in plaintiff medical malpractice. The four day jury trial commenced on June 11, 2018.
The plaintiff alleged LSU surgeons deviated from the standard of care during a diagnostic laparoscopic surgery performed at MCLNO in 2007. The plaintiff alleged the LSU surgeons damaged her external iliac artery, strayed from the appropriate operative field, ignored her post-operative complaints of leg pain and failed to obtain a vascular consult. The State denied damaging the external iliac artery, straying from the operative field, and ignoring plaintiff’s complaints.
At the close of plaintiff’s case, firm attorneys moved for directed verdicts on lost wages and future medical expenses, which were granted by the trial Judge. After deliberating for about four hours, the jury answered “No” to the following question “Do you find by a preponderance of the evidence that defendant LSU breached the standard of care in its treatment of plaintiff?” This ended the deliberation with an 11-1 defense verdict on liability.