State of Wisconsin/Rock County/Circuit Court

In January 2024, Mark Budzinski and Katherine Cortesy obtained a unanimous defense verdict in a malpractice claim against an ICU physician. The plaintiff presented to the ICU with catastrophically low sodium levels, known as hyponatremia. While in the hospital, plaintiff's sodium levels corrected too quickly, resulting in osmotic demyelination syndrome. Plaintiff alleged the defendant doctor negligently failed to keep the sodium levels within a certain range, and that he was negligent in not checking blood sodium levels more frequently.

In a three-day trial, defense counsel successfully argued that the defendant doctor's treatment plan was within the standard of care, and the rise in sodium that caused plaintiff's ODS occurred after the defendant had signed over care to another ICU doctor. The jury of twelve returned a unanimous no-negligence verdict after a brief deliberation.