Recent Defense Verdicts


  • Death of 42 year old woman from aggressive form of breast cancer, diagnosed while she was pregnant. Husband brought suit alleging that wife was advised by doctor to withhold treatment several months until delivery, and plaintiff's expert stated that treatment delay affected prognosis. Defendants testified that wife elected to defer treatment, as documented in multiple sets of records, and defense experts stated that waiting two months would not have changed treatment options or outcome.

  • Dismissal obtained for gynecologist during trial in which the allegations were alleged improper prescription of hormone replacement therapy to relieve menopausal symptoms and which allegedly resulted in development of uterine cancer. Plaintiffs' experts could not substantiate that the dosages given would definitely cause cancer and the defense expert stated that the regimen was appropriate and was not clinically proven to cause cancer.

  • Defense verdict in case involving a severed ureter during hysterectomy.

  • Verdict for gynecologist in endometrial cancer case with allegations that biopsy was indicated but not performed, leading to diagnosis at an advanced stage.


  • Two defense verdicts in cases involving alleged failure to diagnose impending/evolving stroke and refer for further treatment.

  • Verdict for emergency room physician in bilateral amputation case with 26 million demand. Plaintiff alleged failure to diagnose vascular disease and timely treat a clot, when plaintiff actually had an obscure hypercoagulability disorder which caused her to clot repeatedly and uncontrollably in small vessels which could not be bypassed.


  • Shoulder dystocia case in which child sustained brachial plexus injury, but no cognitive difficulties during delivery. Plaintiffs’ expert testified that injury could only have been caused by excessive traction on the baby’s head during delivery, whereas defendant and defense experts testified consistent with the recent literature that maternal propulsive forces are far greater than the forces that can be exerted by an obstetrician during delivery. Moreover, the pattern of injury, lower down on the brachial plexus, indicated an infectious cause to one of the nerves rather than a stretching injury. Appropriate maneuvers were used to relieve the dystocia and defense experts testified that the lack of cognitive impairment speaks to the skill and speed with which the baby was delivered.


  • Defense verdict for neurosurgeon in double laminectomy case where an obese diabetic patient suffered ulceration to her chin and permanent scarring following placement in the prone position for almost seven hours during surgery. The defense contended that the patient was properly positioned and padded by the neurosurgeon and the anesthesiologist and that there was no better method of protecting against damage to facial or other bodily structures during the surgery. There was a claim for lack of informed consent on the basis that the patient consented to only one level of laminectomy, but two were performed. That claim was dismissed before trial.

  • Defense verdict for neurosurgeon obtained following trial in which plaintiff claimed ongoing back pain and chronic disability following spinal fusion procedure.


  • Dismissal obtained for ophthalmologist in case claiming negligence and lack of informed consent involving cataract surgery.