June, 2021

Gerry Toner and Scott Burroughs successfully defended an emergency department Advanced Registered Nurse Practitioner (ARNP) and an emergency department physician in Christian County Circuit Court in Hopkinsville, Kentucky. The nurse practitioner and physician were charged with the failure to timely diagnose limb ischemia in a patient presenting with bilateral lower extremity weakness.  Plaintiff further alleged this resulted in above-the-knee amputation three days after her initial presentation to the hospital. Plaintiff alleged that the emergency department providers’ history, examination, and documentation was negligently deficient and that had proper history and examination occurred, this would have led the providers to a vascular work-up and an earlier diagnosis of the subsequently discovered aortic occlusion. Toner and Burroughs argued that the providers did not breach the standard of care and that their history and examination was appropriate and moreover yielded findings indicating that vascular etiology was not the most likely cause of the Plaintiff’s symptoms and that her presentation was atypical for an aortic occlusion. Defendants argued that the emergency providers acted appropriately in their decision to admit the Plaintiff to the hospital’s progressive care unit with instruction for neurologic consult. Burroughs and Toner additionally argued that regardless of the alleged negligence of the emergency department providers, that their involvement was not a substantial factor in causing the injuries alleged by Plaintiff. All of these arguments were supported by well-qualified expert testimony.  Plaintiff asked the jury to return a verdict in the amount of $17,160,314.60.  After a seven-day trial, the jury agreed and returned a defense verdict in favor of all defendants.