O'Bryan Brown & Toner PLLC Louisville, Ky Law Firm

May 10, 2012

OBT PLLC — Thu, 10 May 2012 18:30:21 +0000

Clay Edwards and Katherine Kerns Vesely successfully defended an interventional cardiologist in Columbus, Indiana. Plaintiff alleged that the cardiologist negligently performed a heart catheterization and stenting procedure and caused an intravascular ultrasound catheter to become lodged in the plaintiff’s coronary artery. All efforts to dislodge the catheter were unsuccessful, so the patient underwent coronary artery bypass graft surgery. During the bypass surgery, the surgeon was also unsuccessful in his attempts to dislodge the catheter and, instead, amputated the catheter at its tip and bypassed around the affected artery. Plaintiff alleged that the retained catheter tip caused him pain and suffering, emotional distress, and caused him to incur medical expenses to address ongoing medical problems. Edwards and Vesely defended the case by submitting medical proof that the cardiologist met the standard of care in performing the heart catheterization and stent procedures and simply encountered a known and recognized, though rare, complication. The proof also demonstrated that many of plaintiff’s injuries resulted from his numerous other medical conditions and his failure to follow his physicians’ instructions after the heart procedures. Further medical proof was submitted supporting the fact that the cardiologist took reasonable and appropriate steps to protect the patient against the recognized and known complication of catheter entrapment during a procedure. Defense experts included an interventional cardiologist from Evansville, Indiana and an interventional cardiologist/panel member from Fort Wayne, Indiana. The jury agreed with the Defendant and returned a unanimous defense verdict.

March 6, 2012

OBT PLLC — Tue, 06 Mar 2012 18:57:49 +0000

Clay Edwards, Michael Dailey and Ashley Duncan successfully defended a general surgeon in Lexington, Kentucky. Plaintiffs, a surviving brother and son, alleged that the surgeon was negligent in his care by not performing an emergent sigmoid colectomy. The decedent was admitted to the hospital to stabilize her glucose levels, and during her admission she began experiencing stomach pain. A colonic obstruction was suspected and she was treated medically for this condition. One day after the surgeon saw the decedent, she passed away, despite resuscitative efforts. A limited autopsy revealed many anatomical diagnoses, most notably in the gastrointestinal and cardiovascular system. Plaintiffs alleged the surgeon did not establish a suitable treatment plan, and that the delay in surgery was a substantial factor in her death. Edwards, Dailey and Duncan defended the case by submitting medical proof that the surgeon met the standard of care by treating the condition medically, as emergent surgery was not indicated based on the physical examination and stable vital signs. Defense experts included a colorectal surgeon from Vanderbilt University and a general surgeon from Indianapolis, Indiana. Both experts agreed decedent’s death appeared to be a sudden death with no signs or symptoms of sepsis, which would be expected in a patient declining due to a bowel perforation. The jury unanimously exonerated the surgeon after 30 minutes of deliberation.

March 1, 2012

OBT PLLC — Thu, 01 Mar 2012 21:40:11 +0000

Tracy Prewitt successfully defended an orthopedic surgeon against allegations of medical malpractice at trial in Columbus, Indiana. Plaintiff arrived by ambulance to Columbus Regional Hospital with a chief complaint of extreme pain in her left thigh. She had fallen while walking her dog and sustained a twisting injury to her left leg. The leg was visibly shortened and she was completely unable to bear weight. The on-call orthopedic surgeon examined her and diagnosed a severe, displaced fracture through the middle third of the left femur. Treatment options were discussed and Plaintiff consented to proceed with surgery. The orthopedic surgeon performed an open reduction and internal fixation procedure on Plaintiff’s left femur, which included intramedullary nailing of the left femur. Plaintiff alleged that the orthopedic surgeon provided inadequate surgical care by failing to fully compress the severely fractured bone, claiming this eventually caused a nonunion. Plaintiff claimed that, as a result of the orthopedic surgeon’s care, she incurred medical bills, endured pain and suffering, and had to undergo a second surgery to repair the nonunion. The defense countered that the orthopedic surgeon’s evaluation and surgical treatment of Plaintiff was appropriate. The significant risks and complications of the surgical repair of the severe fracture were discussed before the surgery and the surgeon carefully performed the open reduction and internal fixation procedure to the severely fractured leg. Despite the best medical care for the severely fractured leg, Plaintiff experienced a well-known complication of the leg surgery, which subsequently was repaired. The jury unanimously agreed with the defense that the orthopedic surgeon acted appropriately and entered a defense verdict finding no fault against him.

February 13, 2012

OBT PLLC — Mon, 13 Feb 2012 22:24:18 +0000

Clay Edwards and Benjamin Weigel successfully defended a board-certified cardiothoracic surgeon against allegations of medical malpractice in Pulaski County Circuit Court in Somerset, Kentucky. Plaintiff alleged that her 41-year old husband died as the result of improperly performed mechanical aortic valve replacement surgery. Plaintiff further argued that the surgeon placed the mechanical valve such that it occluded blood flow to the left coronary artery and caused an intraoperative myocardial infarction. This theory of liability was supported by autopsy findings from the University of Kentucky as well as by a prominent cardiothoracic surgeon from St. Louis, Missouri. Edwards and Weigel argued that the surgeon complied with the standard of care and that the autopsy findings were not supported by adequate evidence. The defense theory was supported by a senior partner in the largest cardiothoracic surgery practice in Greater Cincinnati. The jury unanimously exonerated the surgeon after 35 minutes of deliberation.

February 10, 2012

OBT PLLC — Fri, 10 Feb 2012 22:20:38 +0000

Christopher O’Bryan and Andie Brent Camden successfully defended a Paducah based bariatric surgeon in McCracken County, KY. Plaintiffs alleged that the surgeon negligently performed laparoscopic Roux en Y surgery causing the development of recurrent internal hernias. Plaintiffs sought approximately $6 million in damages. O’Bryan and Camden defended the case by submitting medical proof that the standard of care was met in the surgery and many of plaintiffs injuries resulted from medical conditions other than the bariatric surgery. Further medical proof was submitted which indicated that the surgeon took all appropriate steps to protect the patient against the recognized and known complication of internal hernia. Defense experts included a bariatric surgeon from Florida and a bariatric and general surgeon from Nebraska. The jury agreed with the Defendant and returned a defense verdict.

October 7, 2011

OBT PLLC — Fri, 07 Oct 2011 23:30:08 +0000

Clay Edwards and Joshua Davis successfully defended a general surgeon in Evansville, Indiana. Plaintiffs, surviving spouse and daughter, alleged that the surgeon negligently failed to resect a section of bowel which suffered from obviously diminished blood flow in the course of a complicated 8-hour gallbladder removal and ventral hernia repair surgery. The decedent patient appeared well in the first two post-operative days following the surgery, but on the third day the patient’s status quickly declined as a result of a perforated bowel. The perforated bowel led to sepsis and ultimately systemic inflammatory response syndrome (SIRS). A surgery to repair the perforated colon was undertaken on the third post-operative day from the initial surgery which was successful. The decedent patient did not regain consciousness after the surgery and passed away within a day thereafter. Defense experts from Indianapolis and Kokomo, Indiana, and Columbus, Ohio, testified that it was reasonable for the surgeon to have found the section of bowel which perforated viable at the close of the initial surgery, and that it was not a deviation from the standard of care to have failed to recognize that blood flow to that portion of bowel had been interrupted in the first surgery. The jury unanimously found in the surgeon’s favor.

This marks the ninth unanimous defense verdict obtained by O’Bryan, Brown and Toner in Evansville, IN since 2007.

October 6, 2011

OBT PLLC — Thu, 06 Oct 2011 23:00:35 +0000

Mark Hammond and Joseph Klausing obtained a unanimous defense verdict on behalf of their client, a family physician practicing in Evansville, Indiana. Plaintiffs alleged that the physician’s failure to perform adequate screening examinations led to a delayed diagnosis in developmental dysplasia of the hip in a one year old. Unfortunately, the child has undergone significant surgeries and subsequent medical treatment related to the hip. Hammond and Klausing countered that the physician acted appropriately and that the child had no signs or symptoms of hip dysplasia during examinations. The Vanderburgh County jury needed less than an hour to return a unanimous defense verdict, awarding none of the damages claimed.

September 15, 2011

OBT PLLC — Thu, 15 Sep 2011 18:30:16 +0000

Gerald Toner and Joshua Davis successfully defended a Versailles neurosurgeon in a medical malpractice action in Franklin Circuit Court. After receiving an injury to his cervical spine at work, the neurosurgeon performed a 2-level cervical discectomy fusion surgery at C5-6 and C6-7. Prior to surgery, Plaintiff had complained of severe right arm and neck pain. After surgery, Plaintiff’s symptoms included bilateral arm pain and paresthesia, right-sided hemiparesthesia from his nipple to the toes of his right foot, and alleged difficulty voiding, among other symptoms. Such symptoms waxed and waned over the next six years, ultimately worsening in severity. Plaintiff claimed that the neurosurgeon committed negligence during his surgery, injuring his spinal cord, and causing his current symptoms and inability to work. Toner and Davis defended by submitting proof that Plaintiff suffered from an ischemic injury surgery which is a known complication of the surgical procedure for which Plaintiff had provided informed consent. Alternatively, Plaintiff suffered from a progressive demyelinating disease wholly unrelated to the neurosurgeon’s surgery, but in fact triggered by the surgery. Overcoming the testimony of Plaintiff’s experts from Northern Kentucky, Georgia and Texas, the jury found the neurosurgeon committed no malpractice.

August 26, 2011

OBT PLLC — Fri, 26 Aug 2011 20:09:17 +0000

Tracy Prewitt and Casey Krill successfully defended an Owensboro based obstetrician in this medical malpractice action in Federal District Court. Plaintiffs claimed that the physician negligently failed to diagnose congenital heart defects which ultimately proved fatal twenty-seven days after birth. Plaintiffs alleged that had the physician referred the patient to a specialist, the fetal defects could have been diagnosed. Plaintiffs sought approximately $10 million for the loss of their child. Prewitt and Krill defended by submitting medical proof that reassuring images of the fetal heart had been obtained by ultrasound prior to delivery and that the physician appropriately relied upon the ultrasound images and report. Further medical proof was submitted which indicated that even if advanced testing had been performed by a specialist, the congenital defects would not have been diagnosed in utero. Defense experts included a fetal cardiologist from Tampa, Florida and an obstetrician from Louisville, Kentucky. The jury agreed with the Defendant and unanimously found in her favor.

August 25, 2011

OBT PLLC — Thu, 25 Aug 2011 20:05:50 +0000

Gerry Toner and Brent Asseff successfully defended a Louisville gynecologist in a medical malpractice action in Jefferson (Ky.) Circuit Court. The Plaintiff claimed that the physician failed to timely diagnose her endometrial cancer during the summer and autumn of 2006. The Plaintiff alleged that the physician should have performed a D&C biopsy as a stand alone procedure, which she contended would have revealed the presence of cancer, rather than recommend a hysterectomy with frozen section biopsy. Despite consenting to a hysterectomy and biopsy in September 2006, the Plaintiff sought other treatment before finally undergoing surgery in December 2007, at which time the physician found Stage IV cancer. The Plaintiff sought approximately $5 million in damages. Toner and Asseff defended the physician by submitting medical proof that cancer was low on the differential diagnosis, that the patient needed a hysterectomy to treat known benign conditions, and that the patient refused to undergo a hysterectomy despite her doctor’s recommendations. The defense also submitted medical evidence that a D&C biopsy performed in 2006 would likely have not revealed the presence of cancer. A hysterectomy is the only procedure that could have and did detect cancer, but the Plaintiff delayed surgery by 15 months when she sought alternative treatment options. Defense experts included a gynecologist from Orlando, Florida, a gynecologic oncologist from Cincinnati, Ohio, and an oncologist and pathologist from Louisville, Kentucky. The jury agreed with the defense and found in the physician’s favor.