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Medical Malpractice Defense Verdict

  • Fox Smith
  • September 1, 2016

Tom Smith and Mike Donelson win defense verdict in medical malpractice case tried in Jersey County, Illinois. The plaintiff alleged the defendant orthopedic surgeon improperly performed a shoulder surgery to repair a labral tear that resulted in progressing arthritis that allegedly caused the need for a total shoulder replacement. The plaintiff had sought recovery for $250,000 in past and future medical expenses, over $250,000 for pain and suffering, and consortium damages for plaintiff’s spouse. The defense had to overcome damaging testimony from subsequent treating orthopedic surgeons from Washington University and the testimony of plaintiff’s local orthopedic surgery retained expert. The defense argued the shoulder surgery was indicated in light of plaintiff’s unresponsiveness to alternative therapies to treat her shoulder problem, and that the surgery involving the placement of anchors was properly performed. The defense further demonstrated that the plaintiff’s progressing arthritis that lead to the need for shoulder replacement surgery was due to a shoulder infection that developed through no fault of any of the medical providers. After four days of trial the jury returned a unanimous defense verdict.

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