December, 2016

Gerald R. Toner successfully defended a general surgeon in Jefferson Circuit Court. The case involved the surgeon’s treatment of the plaintiff with laparoscopic appendectomy. The plaintiff claimed that the surgeon negligently failed to remove her entire appendix during the appendectomy, allowing for the development of a second infection in the remnant of the appendix that was retained, and requiring plaintiff to undergo additional surgery.  Mr. Toner defended the case by establishing medical proof that demonstrated that the surgeon completed the appendectomy correctly. The surgeon’s care was supported by very well qualified expert testimony, and following a five day trial, the jury entered its verdict in favor of the surgeon.