October 2, 2009

Christopher O’Bryan and Benjamin Weigel successfully represented a western Kentucky medical foundation and a Madisonville, Kentucky nurse practitioner during a two-week trial in United States District Court in Owensboro, Kentucky.  Plaintiff alleged that the nurse practitioner, a family practice physician, and an emergency room physician failed to timely diagnose and treat viral encephalitis during various visits in late December 2003 and early January 2004.  Plaintiff further alleged that she suffered permanent brain injury as the result of the delay in diagnosis.  Plaintiff’s claims were supported by two subsequent treating physicians and two physicians affiliated with Ohio State University.  O’Bryan and Weigel countered that the care rendered was appropriate at all times and that the Plaintiff’s brain injuries were not as severe as claimed.  The jury unanimously agreed and returned a defense verdict for all providers and the foundation.