Phoenix Team Secures Defense Verdict for Client in Wrongful Death Medical Malpractice Action

Phoenix, Ariz. (December 12, 2024) - After a six-day jury trial in Maricopa County Superior Court, Phoenix Partners Kevin C. Nicholas and Jay Rademacher recently secured a defense verdict in a wrongful death medical malpractice action. Mr. Nicholas and Mr. Rademacher represented a hospitalist accused of failing to diagnose a strangulated hernia, which resulted in the patient’s death. The patient was survived by three beneficiaries.

The patient had presented to a local hospital emergency room for abdominal complaints related to her hiatal hernia. A CT scan of the abdomen was obtained but was not reported as an abdominal emergency. She was discharged from the emergency room that night but returned the next day with increasing abdominal pain. An emergency room physician sought to admit the patient and the hospitalist agreed to admit her. The following morning the patient’s condition rapidly deteriorated and she ultimately was transferred to another hospital for a higher level of care. The surgeon operated and found a necrotic or dead bowel. Unfortunately, the discovery was too late, and the patient died soon thereafter.

The plaintiffs argued that their mother presented to the hospital as a surgical emergency and the hospitalist ignored the subjective and objective signs, instead choosing to focus on unrelated differential diagnoses. All experts agreed that the patient would have survived if the patient had been treated surgically before her condition began to deteriorate.

The defense argued that the strangulated hernia was always considered but did not timely present itself. From the inception of the trial, our dynamic team strategically dictated the playing field. They skillfully shifted the focus away from what their client allegedly did not do, and instead highlighted the actions of numerous other providers, not named in the lawsuit, who followed the same medical evidence and reached the same medical conclusions as their client. Their strategic decisions provided critical advantages, allowing them to define the issue for the jury in a way that was factually and legally supported.

The jury sided with the defense returning a unanimous verdict in under 45 minutes. This great trial win is a testament to Lewis Brisbois’ ability to navigate complex medical evidence and present a compelling defense that resonated with the jury.

For more information on the decision, contact the attorneys involved.