Orange County Jury Rejects Six Million Dollar Demand
(Los Angeles, CA.) (July 16, 2024)- Wood Smith Henning & Berman, a leading defense litigation firm, is pleased to announce a resounding victory in a high-profile medical malpractice case. After an intense over month long jury trial, celebrated trial attorney, Ryan Deane, successfully secured a defense verdict on behalf of the client, a gynecological surgeon.
"Our client is elated to be absolved of liability in this complex medical negligence matter. This verdict reinforces our belief in the strength of our defense strategies and the competence of our legal team," said trial attorney Ryan Deane. Ryan Deane, a partner in the Los Angeles office of WSHB, represented a well-regarded gynecological surgeon in a matter where Plaintiff claimed damages exceeding $6 million due in large part to an alleged diagnosis of Complex Regional Pain Syndrome ("CRPS"). CRPS is a medically complicated chronic pain condition that typically follows a trauma, such as a surgery, and can be debilitating.
Plaintiff alleged that the physician was negligent in performing a sub-urethral sling procedure such that a portion of the plastic sheath that covered the sub-urethral mesh was retained in the Plaintiff. The Plaintiff was hospitalized after the procedure and the plastic sheath was ultimately identified as lacerating the bladder and was recovered during re-exploration several days after performance of the initial procedure. Plaintiff alleged that as a result of the prolonged surgical time, improper surgical positioning and having to undergo a second procedure, she suffered neurologic injury resulting in the development of CRPS that rendered her disabled, unable to work and unable to return to her usual and customary activities of daily living. Plaintiff sought damages in excess of $6 million.
Plaintiff alleged that the defendant physician failed to properly understand the mechanics of performing the procedure, failed to read instructions provided by the implant manufacturer and utilized inappropriate technique in cutting the sheath resulting in retention of the sheath in the pelvic area. Plaintiff pointed to contemporaneous medical records that Plaintiff argued confirmed the inappropriate steps taken that resulted in retention of the sheath and subsequent injury. In providing its defense, Mr. Deane successfully argued that the physician was well trained, had performed the procedure on prior occasions without incident and that the mechanics of Plaintiff’s theory of liability required assuming certain facts that the defense argued ran contrary to what one would expect a reasonably competent physician to have undertaken.
The jury, after careful consideration of the evidence presented, returned with a decisive defense verdict. This outcome reflects the resolute tenacity and expertise of Mr. Deane and WSHB's medical malpractice team in successfully defending our healthcare provider client's interests. Stewart Reid, WSHB's Firmwide Managing Partner, stated, "This case exemplifies our firm's commitment to thorough preparation and aggressive advocacy. We will continue to stand firm in defending our clients against unfounded claims and ensuring that the truth prevails."
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