Claim:
Plaintiff alleged malpractice by local gastroenterologist resulting in the death of her husband, a 40 year old healthy male.
Outcome:
Defense Verdict in St. Joseph County, Indiana
Eichhorn partner Louis Voelker and associate Kevin McNamara obtained a defense verdict in St. Joseph Circuit Court on November 17, 2017, following a one week trial. Lou and Kevin represented a local gastroenterologist in a claim involving upper endoscopy performed to remove a food bolus. The endoscopy, which involved an apparent mucosal injury of the esophagus, resulted in successful removal of the tightly impacted food bolus. Following the procedure the patient, a 40 year old male, suffered the “exceedingly rare” complication of cerebral air embolism. The defendant physician was criticized by plaintiff for having caused the esophageal injury which had allowed air into the venous circulation, and for having failed to stop the procedure upon identifying the tear. Lou and Kevin successfully opposed the giving of an instruction on res ipsa loquitur and addressed an issue of juror misconduct before the favorable result was ultimately obtained for the client.
Partner
219-931-0560
Partner
219-931-0560