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10 Must-Watch Medical Malpractice Defense Verdicts in CVN’s Trial Video Library
After highlighting 10 “must watch” medical malpractice trials in Courtroom View Network’s trial video library ending in plaintiff verdicts, it’s time to showcase 10 of the most impressive medmal trials in CVN’s archive that ended with defense verdicts.
In an era of shrinking newsroom budgets defense verdicts like these often fall through the cracks, but for CVN they are among the most important cases we cover.
Become a subscriber today for just $99/month with no contract, and get unlimited gavel-to-gavel access to all of these trials and hundreds more. See for yourself how some of the top defense attorneys in the country framed their opening and closing arguments, cross-examined plaintiff witnesses, and convinced jurors to side with their clients in these complex, high-exposure cases.
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1. Avalos v. Dobkin (Los Angeles County Superior Court, CA)
Surgeon Cleared In 1st Trial Over Alleged Off-Label Use Of Medtronic’s ‘Infuse’ Spinal Implant
Link to gavel-to-gavel trial video and full attorney/witness details:
https://cvn.com/proceedings/christina-avalos-v-medtronic-inc-et-al-trial-2018-03-12
Defense counsel: LaFollette Johnson PC
Why you should watch: A California state court jury delivered a defense verdict in 2018 for a surgeon accused of engaging in “off-label” use of medical device company Medtronic’s “Infuse” spinal implant on a patient without her consent, in the first such case to go to trial.
The Los Angeles County jury decided 11-1 that Dr. William Dobkin, a spinal surgeon at Hoag Hospital in Newport Beach, was not negligent in his use of Infuse to treat plaintiff Christina Avalos’ chronic back pain, and that he obtained the proper consent before using the implant during her two lumbar surgeries.
Avalos, a nurse, claimed she would never have allowed Dobkin to use Infuse if she knew that it was not approved by the Food & Drug Administration for use in lumbar surgeries. Her attorney told jurors that the Infuse implant, which contains a synthetic protein meant to stimulate bone growth, caused excessive bone growth in Avalos, that left her suffering from chronic, disabling pain.
More via the CVN News Blog: https://blog.cvn.com/surgeon-cleared-in-1st-trial-over-alleged-off-label-use-of-medtronics-infuse-spinal-implant
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2.) Wilson v. Chapman, et al. (King County Superior Court, WA)
Hospital Prevails At First Trial Over Johnson & Johnson’s Allegedly Deadly Bone Cement
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Steptoe & Johnson LLP, Reed Smith LLP, Blanke Rome LLP, Betts Patterson Mines, Bennett Bigelow & Weedom
Why you should watch: A state court jury sided with the University of Washington and one of its physicians in 2018 in the first case to go to trial over the use in spine surgery of injectable bone cement manufactured by Johnson & Johnson unit Synthes, that a grandmother’s family claimed caused her sudden death during routine back surgery.
A 12-member jury deliberated for more than three days - at one point telling the judge they were nearly deadlocked - before deciding 10-2 that 67-year-old Reba Golden’s death in 2007 wasn’t caused by any negligence on the part of her surgeon, Dr. Jens Chapman, or UW’s Harborview Medical Center. Golden’s attorneys claimed Chapman injected Synthes’ Norian bone cement into her spine despite the FDA not approving it for that use, and that he failed to warn Golden of the cement’s potential to cause fatal bleeding and blood clots.
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3.) Frausto, et al. v. Pennsylvania Rehab LP, et al. (Dallas County, TX)
Jury Clears Nursing Home, Hospital Over Refusal To Place Mentally Ill Bedsore Patient On Ventilator
CVN screenshot of plaintiff attorney Jeffrey Antonson (left) and defense attorney Greg Blaies (right) deliver their closing statements
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Stewart Wiegand & Owens PC, Stephen W. Johnson & Associates PC, Blaies & Hightower LLP, Steed Dunnill Reynolds Bailey Stephenson LLP
Why you should watch: A Texas state court jury found in 2016 that a hospital acted properly by following instructions in a mentally ill woman’s do-not-resuscitate order that her children claim she couldn’t have knowingly signed, when the hospital refused to place her on a ventilator after she developed pneumonia.
The jury returned the verdict on December 16, the morning after hearing closing arguments in a trial that began on December 5. The panel rejected allegations from the adult children of Diane Rimert that she developed bedsores due to supposedly negligent treatment received at the Pennsylvania Rehabilitation LP nursing home in Fort Worth, or that Texas Health Harris Methodist Hospital should have made greater efforts to prolong her life.
The trial took nearly two weeks to complete due to the large number of individually represented parties. Pennsylvania Rehab, Texas Health Harris, Rimert’s physician in the nursing home and a physician’s assistant each retained separate counsel. The result was a parade of five opening and five closing arguments and multiple cross-examinations of each witness.
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4.) Cox v. Fatemi, et al. (Fulton County Superior Court, GA)
Doctor Prevails in Med Mal Trial Over Turner Sports Director's Fatal Heart Attack
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Huff Powell & Bailey LLC
Why you should watch: Jurors in 2017 cleared a physician of responsibility for the heart attack-related death of a long-time Turner Broadcasting sports director.
Tom Cox, 61, a director of remote operations for Turner Sports, died in August 2010 after suffering a heart attack while in Wisconsin to cover a golf tournament for the network. Cox’s widow, Gina Cox, claims Dr. Arezou Fatemi, working for Comprehensive Internal Medicine of Alpharetta, was negligent in diagnosing Cox with a virus and failing to order heart tests when Cox saw her days before the heart attack, complaining of weakness, nausea, sweating, and pain.
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5.) Santangelo-Santana v. Exodus Women’s Center, Inc., et al. (13th Judicial Circuit, FL)
Doctors Prevail in Med Mal Trial Over Patient's Ectopic Pregnancy
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: La Cava & Jacobson PA, Banker Lopez Gassler PA, Hill Ward Henderson
Why you should watch: Jurors in 2019 evening cleared a trio of doctors at trial over an ectopic pregnancy that left a woman unable to naturally conceive.
Jurors in Florida’s 13th Judicial Circuit, in Hillsborough County, deliberated about three hours before finding Exodus Women’s Center physicians, Drs. Dawn Ericsson and Stephen Wagner, and Dr. Robert Ruffalo, a pathologist at Brandon Regional Hospital, were not responsible for a nearly month-long delay in surgery to end Stacey Santangelo-Santana’s ectopic pregnancy.
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6.) Robinson v. Duke University Health Systems (Durham County Superior Court, NC)
Jury Says Top Hospital Not At Fault After Intestine Allegedly Connected To Vagina
Link to gavel-to-gavel trial video and full attorney/witness details:
https://cvn.com/proceedings/linda-robinson-v-duke-university-health-systems-et-al-trial
Defense counsel: McGuire Woods LLP
Why you should watch: A North Carolina state court jury cleared Duke University Medical Center and two surgeons of all liability in 2015 in a multi-million dollar medical malpractice suit brought by a woman whose intestine was accidentally connected to her vagina following bowel surgery, agreeing with the hospital’s arguments that she was faking her alleged injuries.
The jury deliberated for less than a day before deciding that Duke and Drs. Christopher Mantyh and Erich Huang were not negligent while performing surgery on plaintiff Linda Robinson. Robinson had part of her bowel removed in 2008 to treat debilitating constipation, but her intestine was not properly reconnected to her rectum, requiring a second operation that ultimately repaired the problem.
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7.) Cantrell v. Moore (DeKalb County State Court, GA)
Obstetrician Prevails at Trial Over Vacuum-Assisted Childbirth That Left Child Without Use of Her Arm
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Peters & Moynak LLP
Why you should watch: An Atlanta-area obstetrician was cleared of responsibility in 2017 for the childbirth-related shoulder injury that has left a girl without the use of her right arm.
A DeKalb County State Court jury found Dr. Brad Moore did not cause the brachial plexus injury Emma Cantrell suffered during her birth in November 2006. Cantrell suffered the injury, which damaged nerves leading from her shoulder to her spine, leaving her right arm functionless, after her shoulder became stuck during delivery, called shoulder dystocia.
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8.) Hyoung v. Yoo (Los Angeles County Superior Court, CA)
Jury Clears Physician In Woman’s $10M+ Suit Over Allergic Reaction To Antibiotic
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Reback McAndrews Kjar Warford & Stockalper LLP
Why you should watch: A California state court jury in 2016 rejected a woman’s medical malpractice lawsuit claiming her physician was negligent for treating her acne with a powerful antibiotic that caused a severe allergic reaction which left her with scarring on over 30 percent of her body.
The 12-member jury deliberated for just over a full day following an eight-day trial before deciding 9-3 to reject plaintiff Jenny Hyoung’s lawsuit against her family physician Dr. Kyoung Yoo. While in college in 2011 Hyoung developed a life-threatening condition called Stevens Johnson syndrome, which causes dangerous blistering of the skin, after taking the drug Bactrim. Bactrim also known as Septra, is often used to treat serious infections like Methicillin-resistant Staphylococcus aureus, or MRSA.
Hyoung’s complaint alleged that Yoo failed to take an adequately thorough medical history before prescribing the drug, and that using Bactrim as a “first line treatment for mild acne” fell below the standard of care. However Yoo’s attorney successfully argued that previous medications had failed to clear up Hyoung’s acne, and that the decision to prescribe Bactrim was appropriate.
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9.) Graham v. Hendrix, et al. (Cobb County Superior Court, GA)
Wellstar Administrator, Doctor Prevail at Trial Over Former Jail Inmate's Fatal Liver Failure
CVN screenshot of defense attorney W. Curtis Anderson delivering his opening statement
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Downey & Cleveland LLP
Why you should watch: Jurors in 2017 cleared a Wellstar Health Services administrator and a jailhouse physician of responsibility for the liver failure death of a former jail inmate.
Cobb County State Court jurors deliberated for less than three hours last Friday before concluding Dr. Clarence Hendrix, a physician at the Cobb County Adult Detention Center, and David Howell, the administrator in charge of Wellstar’s contract to provide health services for the facility, were not liable for the 2006 death of Justin Graham.
Graham, 25, died from liver failure about a month after a stint at the detention center for a DUI arrest. During his incarceration, Graham was treated by Hendrix as part of Wellstar’s contract with the county’s sheriff’s department. After 19 days at the facility, Graham was transferred to a hospital where he ultimately died. Graham’s family claims Hendrix failed to properly treat Graham’s liver problems, which included tell-tale symptoms of worsening jaundice and rising bilirubin counts.
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10.) Kazandjian v. Vastola, et al. (Palm Beach County Circuit Court, FL)
Florida Jury Clears Dr. at Trial Over Patient's Terminal Colon Cancer
Link to gavel-to-gavel trial video and full attorney/witness details:
Defense counsel: Law Offices of Keith J. Puya PA
Why you should watch: A South Florida doctor was cleared of responsibility in 2017 at trial over the terminal colon cancer a hair salon owner claims he developed because of a slapdash colonoscopy.
Jurors in Florida’s 15th Judicial Circuit, in West Palm Beach, found Dr. David Vastola not liable for Zevan Kazandjian’s colon cancer. The disease, which has spread, was discovered in Kazandjian during a 2013 colonoscopy performed by Vastola, just 18 months after Vastola had found no suspicious growths during a 2011 colonoscopy.
Kazandjian, who doctors say will likely not survive the disease, claims Vastola missed a pre-cancerous, or early-stage growth during the 2011 procedure.
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E-mail David Siegel at dsiegel@cvn.com
