Philadelphia Jury Verdict of $2.5 Million in MedMal Trial

On January 16, 2009, a jury of twelve, made up of ten women and two men residing in Philadelphia, Berks, Bucks, Delaware, Lancaster and Montgomery counties, returned a unanimous verdict of $2.5 Million in favor of the plaintiff against a general surgeon and hospital, arising from their medical malpractice that led to the death of the plaintiff's wife, who was 74 years old when she was admitted to the hospital.

The plaintiff's wife had been admitted in order to undergo an elective procedure in the repair of an incisional hernia. Unfortunately, the surgeon caused a bowel injury in the operation on April 29, 2004. He chose not to do a re-examination of the bowel at the end of the procedure, even though he admitted on cross-examination and experts on both sides agreed that such failure to re-examine was a deviation from the standard of care expected of a surgeon. After the procedure into the weekend when the attending surgeon was away, a constellation of clinical signs & symptoms, as well as supporting laboratory studies, were missed by the doctors caring for her. By the time two enterotomies (holes in the bowel) were discovered - when spillage of fecal material out of the incision sites occurred four days later - May 4, 2004 - it was too late to save the plaintiff's wife's life. She died after an eight-month losing battle because of sepsis and other complications from widespread fecal peritonitis.

The case was tried over a five-day period by Norman Perlberger of Pomerantz Perlberger & Lewis in the United States District Court for the Eastern District of Pennsylvania before the Honorable Cynthia Rufe and a jury. He was assisted at trial by his partner, Eliot H. Lewis. The verdict was broken down to $1.5 Million on the wrongful death count and $1 Million on the survival count. Pre-judgment interest as delay damages was added and a molded judgment was entered in excess of $2.8 Million. This is but one of a long string of victories and settlements achieved by the firm, many of which can be found at the firm's website.

This is but one of a long string of victories and settlements achieved by the firm.