July, 2023

Ben Weigel and David Strite successfully defended a board-certified pediatrician against claims for medical malpractice and wrongful death in a week-long trial in Floyd County Circuit Court in Prestonsburg, Kentucky. Plaintiff alleged that the pediatrician failed to diagnose a tension pneumothorax in a newborn and that the tension pneumothorax was the cause of the baby’s death approximately nine hours after delivery. Weigel and Strite argued that chest x-rays did not show a tension pneumothorax and that the infant died from fulminant neonatal sepsis. The case involved expert testimony from pediatricians, pediatric radiologists and pediatric infectious disease specialists. The jury returned a verdict in the physician’s favor after deliberating for approximately 45 minutes.

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