In August 2017, David S. Strite and Benjamin J. Weigel obtained a directed verdict for a general surgeon at the conclusion of the plaintiff’s case, tried in Louisville, Kentucky. Plaintiff alleged that a laparoscopic cholecystectomy performed on a 47-year old patient was not indicated and led to her tragic death. Plaintiff alleges that the patient’s obstructive sleep apnea was exacerbated by post-operative narcotics, which should not have been necessary. Strite and Weigel convinced the presiding judge that plaintiff failed to offer sufficient proof that the patient died as a consequence of sleep apnea. All claims were dismissed with prejudice before the defense case commenced.