June 2017
In June 2017, Noel Halpin successfully defended a cardiovascular and thoracic surgeon in a jury trial in Fayette County, Kentucky. The allegations included a lack of informed consent and the improper performance of a thymectomy surgical procedure. The Plaintiff alleged that the surgeon failed to appropriately inform her of the risk of a phrenic nerve injury that occurred during the surgical procedure. Plaintiff alleged that the phrenic nerve injury caused her paralyzed left hemi-diaphragm. The defense maintained that the informed consent was appropriate and that the surgery was performed within the standard of care. The defense further maintained that the injury to the phrenic nerve was a known and recognized complication of the surgery and that it can occur without negligence. After almost two hours of deliberation, the jury returned a defense verdict for the surgeon