Wed, Nov 26, 2014
Larry and Aaron Win Appeal of Defense Verdict in Medical Malpractice Case
Larry obtained a defense verdict in a wrongful death medical malpractice case. In the case, Decedent was a 22-year-old girl who presented to the emergency room with nausea, vomiting and abdominal pain. She eventually passed away approximately four days after her admission. An autopsy was performed after the death and it was determined that Decedent passed away due to liver failure; however, it did not determine the cause for the liver failure. Plaintiff, the Decedent’s mother, tried the case on the theory that Decedent died due to toxic shock syndrome, and that the health care providers failed to diagnose and treat the condition. The defense denied that Decedent died due to toxic shock in that she did not have signs and symptoms for toxic shock. The defense argued that she died due to acetaminophen toxicity. There was evidence that she was abusing Vicodin prior to her admission. The jury returned a defense verdict. The judgment was affirmed on appeal.