November, 2013

Gerald Toner  successfully defended an occupational medicine physician in Jefferson Circuit Court.  Plaintiff alleged that the physician was negligent in his follow-up examination of the plaintiff for a work-related crush injury.  Plaintiff alleged that additional tests should have been ordered to check for the presence of a DVT.  Toner defended the physician by establishing that the plaintiff’s presentation in terms of signs and symptoms, and in terms of the time course for DVT development did not require further testing.  Prominent Orthopedic, Vascular Surgery and Occupational Medicine experts presented by Toner explained that a DVT would not have been diagnosable at the time of the evaluation at issue and that nothing could have been done to prevent the DVT that later developed.  The jury agreed with the defense and found in the physician’s favor rejecting Plaintiff’s claim for more than $8,000,000.00 in damages.

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