October 03, 2007

Plaintiff alleged the surgeon was negligent in measuring the vena cava prior to filter deployment.  The filter migrated to plaintiff’s heart after deployment.  The filter was successfully retrieved and plaintiff suffered no permanent injury.  Plaintiff maintained that his vena cava was too large for the filter. Christopher O’Bryan  successfully argued that the surgeon acted appropriately in conducting his measurement of the vena cava, and that the plaintiff’s vena cava was the appropriate size at the level of deployment.  Despite the lack of a permanent injury, plaintiff sought damages, in excess of $600,000.