sEPTEMBER 2011 News
Lake County Circuit Court enters judgment in favor of radiologist represented by Eichhorn & Eichhorn, LLP
Greg Crisman and Trent Gill successfully defended a medical malpractice case filed against a radiologist in LaPorte County, Indiana. This medical malpractice trial commenced from September 26 to September 30, 2011 in the LaPorte County Circuit Court. The plaintiffs alleged that the radiologist failed to diagnose a congenital diaphragmatic hernia during a 21-week ultrasound. The infant passed away shortly after being born. Greg and Trent argued that the radiologist complied with the standard of care and did not cause the infant’s death or any of the other claimed damages/injuries. On September 29, the defense moved for judgment on the evidence and argued that the plaintiffs had failed to meet their burden to prove their case. The trial court granted defendant’s motion in part, but decided to delay a ruling on whether the plaintiffs still had a claim for emotional distress. The trial continued and the case was eventually given to the jury. The jury deliberated, but could not reach a unanimous verdict. Five jurors voted for a defense verdict and one juror voted for a plaintiffs’ verdict. Shortly after trial, the LaPorte County Circuit Court held a hearing on the pending motion as to emotional distress. After oral arguments by counsel, the court granted the remaining part of defendant’s motion thereby providing complete judgment as a matter of law in the defendant’s favor. The plaintiffs did not appeal.