Latest Trials &
Appellate Decisions
M.D.
Decision Date: 10/16/09
Case No. 07-CV-59
State of Wisconsin/Circuit Court/Door County
Jury Trial
In this wrongful death case, CLG represented a family
practitioner who, along with a cardiologist and a radiologist,
were alleged to have failed to diagnose the patient's coronary
artery disease which resulted in the patient's death. The
patient had presented to his family practitioner with complaints
of chest pain, and the family practitioner performed an EKG and
referred the patient for an exercise stress test. The family
practitioner then referred the patient to a cardiologist, who
determined the patient's chest pain was most likely
musculoskeletal. A few months later the patient returned to the
family practitioner for a routine physical. The patient
complained of chest pain, and the family practitioner
recommended other modes of treatment based on the cardiologist's
report that the problem was not cardiac in nature. When those
treatment methods were unsuccessful the family practitioner
scheduled a follow-up visit with the patient, but the patient
died before this visit. The plaintiff's expert testified that
the family practitioner should have questioned the
cardiologist's report and should have sent the patient back to a
cardiologist. The plaintiff's expert was impeached with his
testimony from a cardiac case where he testified on behalf of
the defendant. The defense experts testified that the family
practitioner met and exceeded the standard of care. The jury
returned a verdict in favor of all the defendant physicians with
no damages awarded.
Decision Date: 10/09/09
Case No. 07-CV-130
State of Wisconsin/Circuit Court/Lincoln County
Jury Trial
In this wrongful death, medical negligence case, CLG
successfully defended a heart and lung surgeon and a physician
assistant from claims that they failed to properly prepare and
inspect a vein used for coronary artery bypasses. It was
undisputed that the patient died 5 hours after the bypass
operation due to bleeding from the bypass. The key dispute
centered on whether the bypass was bleeding at the time of
surgery and should have been recognized by the surgeon and
physician assistant or if the bleeding started shortly before
the patient’s death. The plaintiff sought damages in excess of
$1 million. The plaintiff conceded at trial that the physician
assistant was not negligent and that issue did not go to the
jury. After a five-day trial, the jury found that the surgeon
was not negligent.
Decision Date: 08/11/09
Case No. 06-CV-305
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this medical negligence case, CLG represented
a surgeon who performed a hernia repair on a patient who contended that repair
was improperly performed. He claimed
that the repair caused chronic groin pain, pain and suffering, wage loss and
medical expenses. The plaintiff’s wife
asserted a claim for loss of society and companionship. Plaintiff relied solely
on testimony from a subsequent treater who performed a re-operation and
testified that the initial procedure was done improperly. The defense responded with testimony from the
defendant surgeon regarding his extensive experience performing this type of
surgery and testimony from two expert witnesses who testified that the
defendant surgeon had met the standard of care. The plaintiff’s credibility was
an issue at trial with the defense presenting evidence of non-compliance with
regard to medical appointments, as well as negative evidence about the plaintiffs’
marital relationship. The jury
deliberated for 30 minutes and returned a unanimous verdict in favor of the
defendant physician with no damages awarded.
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