May 15, 2008

Christopher O’Bryan was successful in defending an orthopedic surgeon in United States District Court in Owensboro, Kentucky.  The surgeon was accused of negligence in an ACL reconstruction performed on plaintiff.  Plaintiff alleged negligence in the performance of the initial procedure and in the failure to discover the failed repair during follow-up care.  Plaintiff’s retained expert was a subsequent treating physician from Owensboro.  O’Bryan countered that the procedure was performed properly and that the follow-up care, including MRI and additional arthroscopic surgery, documented a successful ACL reconstruction.  Plaintiff sought two years of lost wages in addition to medical expenses and hundreds of thousands of dollars in pain and suffering.  The federal jury sided with the surgeon and returned a unanimous verdict.