Richard Korn teamed with Mike Donelson to obtain a defense verdict in a medical malpractice case filed in Williamson County, Illinois. Richard and Mike represented a urologist who performed a vasectomy on a patient which ultimately failed leading to the pregnancy of his wife and her subsequent miscarriage.
The plaintiffs – husband and wife – claimed that the defendant committed malpractice by failing to counsel the patient about the need for a post-vasectomy sperm count test, failing to inform the patient about a difficulty encountered during the performance of the vasectomy, and failing to ensure the vasectomy was a success by scheduling a follow-up office visit, letter or phone call to remind the patient about the need for the sperm count test. Although the documentation of the defendant doctor was less than perfect in detailing what instruction the plaintiff had been given, relying on the records of a subsequent treating physician and other evidence in the case Richard and Mike were able to convince the jury that the plaintiff, notwithstanding his denials, had been adequately counseled about the need for the post-procedure testing but simply failed to have it done before having unprotected intercourse with his spouse.
After a six-day trial and multiple witnesses, including experts, the jury deliberated just over one hour before reaching a verdict in favor of Richard and Mike’s client.