October 25, 2010
David Strite and Joseph Klausing successfully defended a Newburgh, Indiana obstetrician/gynecologist during a six-day jury trial in Warrick County Circuit Court. The patient’s estate alleged that the physician’s failure to appropriately address symptoms led to a delayed diagnosis of rectal cancer, and unfortunately, the death of a 41-year old married, mother of three. Prior to trial, the case proceeded to a medical review panel where no panelist found in favor of the defendant. Accordingly, the estate’s claims were supported by members of the medical review panel. Moreover, a treating oncologist and the patient’s colorectal surgeon, a department chair at the Indiana University School of Medicine, both testified on behalf of the estate. Strite and Klausing countered that the defendant’s treatment of the patient was appropriate given her clinical presentation. The jury agreed, and returned a unanimous verdict in favor of the defendant, awarding none of the millions of dollars sought.