February 26, 2009

Clay Edwards and Katherine Vesely were successful in defending a vascular surgeon in Fayette County Circuit Court.  Plaintiff accused the surgeon of negligence in ordering a thrombolysis procedure for his occluded artery following arterial bypass surgery on his leg.  Plaintiff claimed that his arterial graft was infected and he challenged the surgeon’s clinical judgment to proceed with thrombolysis.  Plaintiff maintained that the alleged negligence of the surgeon led to the loss of his leg.  Edwards and Vesely defended the case by submitting evidence that the surgeon acted appropriately as there were no signs and symptoms of a graft infection when the surgeon examined the plaintiff and ordered the procedure.  In addition, evidence was submitted that limb loss was a known complication of the plaintiff’s arterial disease and treatment, this complication was discussed with the plaintiff at length throughout his treatment, and the limb loss could not have been prevented.  After five days of trial, the Fayette County jury returned a verdict in favor of the local vascular surgeon, awarding none of the $2.7 million sought.