Lovesee v. M.D., et al.

State of Wisconsin/Wood County/Circuit Court

In April and May 2024, Attorneys Mark Budzinski and Jason Poje, in a coordinated effort with multiple other defense attorneys, successfully secured a unanimous defense verdict in a medical malpractice involving allegations that doctors and hospital staff failed to recognize symptoms of a stroke, winning a case that was pending for nearly 5 years.

The plaintiff presented to the emergency department complaining of mild symptoms.  After a complete work up in accordance with the history given, she was discharged with instructions to follow up with her primary care provider.  She suffered a significant stroke 4 days later, resulting in permanent disability, after which she claimed that her symptoms during her emergency department visit were much more severe than previously documented.

Over the course of the 2-week trial, the plaintiff's experts contended that minor symptoms of a stroke should have been treated with anti-coagulants virtually immediately upon the plaintiff's presentation.  The defense presented extraordinarily well-credentialed experts to discuss the appropriate standard of care and treatment options for minor stroke symptoms.  In this way, the defense successfully convinced the jury that of the nurse practitioner who saw the plaintiff, the nurses and other hospital staff involved in the plaintiff's care, and the physician who reviewed the plaintiff's records afterwards, none were negligent in the care they provided to the plaintiff.  The jury returned their unanimous defense verdict in just over 2 hours.