Personal Injury Lawyer Secures Settlement Despite Travel Restrictions in Covid Times

Plaintiffs Brian and Amanda Carpenter, husband and wife, met with a horrific accident when their bike was hit by a truck in September 2017. The couple, who were both wearing a helmet, were thrown from their motorcycle and received serious injuries. The litigants disagreed on how much compensation plaintiffs Brian and Amanda Carpenter should receive with the plaintiffs demanding $130,0000 for their injures and the defense’s offer being $300,000.…law360, With Travel Restrictions and No Medical Experts, Milford Personal Injury Lawyer Secures Settlement, Robert Storace 2020

Owing to travel restrictions due to covid-19 pandemic, the plaintiff’s attorney Tony Masone couldn’t travel to New York to take the deposition of Georgios Prassos, the driver of the Toyota RAV4 that hit the Carpenters’ motorcycle. The defense also faced its own set of challenges, not being able to provide medical experts. The strength of the case came down to the testimony in the Carpenters’ deposition and their medical records. The Carpenters’ were realistic about their injuries and did not exaggerate them.

Based on mediation by Judge Antonio Robaina, the two sides eventually agreed to compensate Amanda Carpenter, who had sustained greater injuries, $371,000 and her husband $254,000. The total for the Milford couple was $625,000.

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Kayur V. Patel, MD, MRO, FACP, FACPE, FACHE, FACEP
KayurVPatel@ExpertWitness.MD

CEO, Not The Doctor Makes The First Incision In Operating Room

Uproar and disbelief led to Ballad Health in Johnson city, Tennessee to let go a cardiothoracic surgeon after he invited the then-CEO of Bristol (Tenn.) Regional Medical Center to participate in a surgical procedure…beckershospitalreview, Ballad dismisses cardiothoracic surgeon who asked CEO to make incision on patient, Ayla Ellison, 2020

Greg Neal, stepped down as CEO after he accepted participating in a surgical procedure without a medical license. Nathan Smith, MD, the cardiothoracic surgeon had invited the CEO to enter the operating room to observe the surgery and asked him to make the initial incision for the procedure. As the incident was reported, Ballad officials launched an investigation and subsequently, asked Nathan to resign and also terminated Dr. Smith’s employment.

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Kayur V. Patel, MD, MRO, FACP, FACPE, FACHE, FACEP
KayurVPatel@ExpertWitness.MD

$467K Verdict In Brain Injury Suit Proper and Adequate

Aviv Peretz, Ilana and Meir Peretz’s son suffered a serious dairy allergy after eating multiple bites of a cookie in June 2014 and was rushed to CentraState Medical Center. At the hospital, 17-year-old Aviv Peretz had a seizure and his heart stopped for 13 minutes, putting him in a vegetative state from which he would not recover. He died in 2017…law360, NJ Panel Won’t Question $467K Verdict In Brain Injury Suit, Cara Salvatore, 2020

Ilana and Meir Peretz sued CentraState Medical Center and medical staff and won a trial judgment of $467,000 in 2018. However, they appealed, noting particularly the fact that the defense was allowed to repeatedly bring up the fact that Aviv had an EpiPen and didn’t use it.

The appeals court contended that the early administration of epinephrine to an anaphylactic patient was the central issue in this case and the information that Aviv ingested a dairy product to which he was allergic and that he had not used his EpiPen in the thirty minutes prior to his arrival at the emergency department were crucial facts. The defendants were right in bringing it up.

The appeals court upheld the trial court judgement, including the dismissal of Meir Peretz’s emotional distress claim, saying that it was legally proper.

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Kayur V. Patel, MD, MRO, FACP, FACPE, FACHE, FACEP
KayurVPatel@ExpertWitness.MD

Absence of “Res Ipsa Loquitur” theory Prompts New Trial in Surgery Suit

Alma Willis underwent a 12-hour surgery with Dr. Jeffery Flagg on May 21, 2008 to treat her back issues but ended up having temporary swelling and permanent nerve damage in both arms. It was not clear how the arm injuries occurred, and Willis couldn’t testify as to what happened since she was under anesthesia during the operation…law360, Court Axes Defense Verdict In Suit Over Surgery, Cara Salvatore, 2020

However, Willis’ trial judge banned any evidence concerning a “res ipsa loquitur” theory — in Latin, “the thing itself speaks” — which can allow a jury to find negligence where the precise source of an injury isn’t known.

The appeals court ruled that since the experts here could not conclusively establish the cause of Willis’s injury, she could rely on circumstantial evidence to establish her claim. It also said in its ruling that the trial court was wrong in excluding Willis’s experts from testifying that the injury to Willis’s median nerve would not have occurred in the absence of negligence.”

The appeals court ordered a new trial so that this evidence could be presented.

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Kayur V. Patel, MD, MRO, FACP, FACPE, FACHE, FACEP
KayurVPatel@ExpertWitness.MD