Trials & Appeals

YOST v. M.D., ET AL.

April 2015

Case Number: 13-CV-0044 
State of Wisconsin/Circuit Court/Eau Claire County 
Medical Malpractice 
Jury Trial 

In a seven-day medical negligence trial, Corneille Law Group secured a verdict in favor of three OB-GYN physicians. Plaintiff claimed that these physicians' failure to diagnosis severe preeclampsia and prescribe anti-hypertensive medication in the last week of her pregnancy resulted in her permanent partial loss of vision. Defendants contended that plaintiff was appropriately diagnosed with mild preeclampsia and that the standard of care for managing mild preeclampsia did not require administration of antihypertensive medication. Prior to the trial, defendants obtained a favorable decision on a motion in liminebarring plaintiff's counsel from making arguments based on the so-called “reptile theory,” which improperly attempts to equate general concepts of safety with the medical standard of care. The issues of standard of care, causation and damages remained contested at trial.  After a short deliberation, the jury found no negligence on the part of any of the defendant physicians.