May 15, 2014

David Strite and Benjamin Weigel successfully defended a Lexington, Kentucky orthopedic surgeon during a two-week jury trial in Fayette Circuit Court.  Plaintiff alleged that the defendant negligently performed a right total hip replacement which was further complicated by the fact that the hip prosthesis itself was allegedly defective.  The plaintiff’s claims were supported by a subsequent treating physician and by a British orthopedic surgeon considered to be one the foremost experts in the world on the prosthesis at issue.  Strite and Weigel countered that the defendant’s operative technique complied with the standard of care and the alleged injuries were more likely due to the prosthesis itself rather than surgical technique.  The defense theory was supported by a Board-certified orthopedic surgeon who had implanted the prosthesis in question in approximately 200 patients.  The jury rejected the plaintiff’s $2.8 million claim for damages and returned a verdict for the defendant.

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