Unanimous Defense Verdict

HPM&B recently obtained a unanimous defense verdict in Supreme Court, Westchester County, on behalf of a hospitalist who was affiliated with a major Hospital network. Plaintiff alleged that the hospitalist was negligent in her care and treatment of the plaintiff by improperly prescribing certain medication to help stabilize his blood pressure. Plaintiff further claimed that the combination of medication that he received resulted in cardiogenic shock and the need for ECMO, which caused permanent nerve damage in his foot and affected his ability to work. The pre-trial demand was $1.3 million.

During the trial, the defense established that the medication prescribed by the hospitalist was appropriate in light of plaintiff’s atrial fibrillation and severely elevated blood pressure. Additionally, the defense proved that plaintiff was stable after this treatment and only started to deteriorate after subsequent care by other hospital staff members. The defense further established that the plaintiff’s hospital admission was a result of plaintiff’s noncompliance with his atrial fibrillation medication and that, since the treatment at issue, the plaintiff’s heart function had actually improved.

Plaintiff also alleged that he was no longer able to work in radio advertising because of his injuries. However, the defense demonstrated to the jury that this claim was false and that plaintiff’s earning capacity had actually been affected by his decision to start a new business venture in a declining industry one year before the treatment at issue occurred.

The jury returned a unanimous defense verdict in app