November 21, 2014
Donald Brown and Michael Dailey successfully defended a well-respected Louisville, KY pediatric surgeon in a three week trial in the Jefferson Circuit Court. The Plaintiff claimed that the defendant was negligent in placing an indwelling catheter in the patient, who had recently been diagnosed with a very aggressive form of acute lymphoblastic leukemia. The catheter was to be used for the administration of medication, including chemotherapy. Brown, Dailey and Caldwell defended the case by demonstrating that the pediatric surgeon acted appropriately in placing the indwelling catheter. Additional medical proof was submitted to establish that the pediatric surgeon took appropriate steps to confirm placement of the indwelling catheter, including obtaining a chest x-ray which appeared to demonstrate the catheter in the proper location. The plaintiff also alleged that the patient experienced strokes and brain damage due to the fact that catheter had been placed in the arterial side, as opposed to the venous side. Brown, Dailey and Caldwell presented testimony through several highly regarded experts in the field to establish that brain damage can be an unfortunate side effect of necessary chemotherapy treatment. Expert testimony further demonstrated that the patient’s alleged injuries were consistent with what is generally seen in a pediatric patient who receives the type of chemotherapy that the patient did in this case. The jury agree with the defendant and returned a unanimous verdict in favor of the pediatric surgeon.