August 10, 2017
David Strite and Ben Weigel obtained a directed verdict for a Louisville-based general surgeon at the conclusion of the plaintiff’s case in chief during a recent jury trial in Jefferson County Circuit Court. Plaintiff alleged that a laparoscopic cholecystectomy performed on a 47-year old female was not indicated under the circumstances and that her tragic death was caused by obstructive sleep apnea exacerbated by post-operative narcotics which would not have been prescribed but for the allegedly unnecessary surgery. Through aggressive cross-examination of plaintiff’s lone expert, a Chicago-based general surgeon, Strite and Weigel convinced the presiding judge that plaintiff failed to place any evidence into the record that the patient actually died due to or as a consequence of sleep apnea. Consequently, all claims were dismissed with prejudice before the defense case in chief commenced. Subsequent interviews with jurors revealed that the verdict would have been for the defendant physician even if the court had allowed the case to proceed.