October 1, 2013
Gerald Toner and Andrew Pellino successfully defended a general surgeon in Jefferson Circuit Court against claims for medical negligence and wrongful death. The Plaintiffs alleged that the physician failed to timely diagnose and treat a rectus sheath hematoma, leading to the rupture of the patient’s rectus sheath, internal bleeding and eventual death, secondary to hypovolemic shock and multi-organ failure. Plaintiffs further alleged that the physician was negligent in failing to timely stop the patient’s anticoagulation therapy, which Plaintiffs claimed exacerbated the internal bleeding and compounded the patient’s hemodynamic instability. Plaintiffs sought approximately $12 million dollars for their loss. Toner and Pellino defended the case by submitting medical proof to establish that the surgeon timely diagnosed and appropriately treated the patient’s rectus sheath tear and associated internal bleeding. The jury agreed with the defense, and returned a verdict in the surgeon’s favor.