Wood Smith Henning & Berman is proud to announce a significant victory for the defense, celebrating a unanimous verdict in favor of a respected, world-renowned neurosurgeon in a high-profile medical malpractice case. Philadelphia partner, Andy Kessler, prevailed on behalf of the client after a hard fought eight-day trial.
The jury found no casual connection between the care provided by the defendant and the injuries the plaintiff claimed resulted from an alleged failure to diagnose and monitor a brain tumor. The plaintiff sought $7.5 million in damages, asserting that the neurosurgeon should have identified a precursor to the tumor based on earlier imaging following a concussion thirteen years prior. The jury's verdict is a resounding endorsement of the defense's message that the care provided by the client played no role in Plaintiff's eventual development of a brain tumor.
The case involved highly complex medical questions surrounding the timing and nature of the development of the plaintiff's brain tumor and the implications of past imaging studies. The defense team successfully argued that the neurosurgeon provided appropriate guidance to the plaintiff and his mother, advising critical follow-up care. Evidence demonstrated that the plaintiff failed to follow this advice and also the advice provided by another non-party institution six years after plaintiff's visit with the client that additional monitoring was needed. This repeated failure to adhere to medical providers' recommendations, over an extended period, ultimately contributed to the delayed diagnosis of the brain tumor until 2020. The defense repeatedly stressed the importance of a patient's/parent's responsibility in adhering to medical recommendations, especially when ongoing monitoring is advised.
"We are thrilled with this outcome," said Kessler. "The jury's verdict recognizes and reinforces the crucial role patients and their parents have in their follow-up care. Our client provided appropriate care and recommendations, and we're grateful to the jury for seeing that the responsibility to ensure care requires a partnership between the physician and the patient."
The collaborative efforts of Kessler's defense team were essential in overcoming the challenges of a complex medical case in a jurisdiction known for its plaintiff-friendly tendencies.
"This case required a truly exceptional team effort," added senior counsel, Maureen McCotter who second chaired at trial. "We're proud to have defended our client's reputation and proved that his care bore no relation to the plaintiff's injuries. Our client provided appropriate guidance which simply was not followed."
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