Legal Alerts

Brian Burge & Kaitlin Marsh-Blake Obtain Defense Verdict for ER Physician

Brian Burge and Kaitlin Marsh-Blake recently obtained a complete defense verdict in Shawnee County, KS on behalf of a local emergency room physician in a wrongful death case.  The decedent, age 62 at the time, had presented with acute onset of paralysis in his lower extremities but no other significant medical history or complaints.  After results of a lumbar MRI did not demonstrate an emergent neurological issue, the patient was admitted for further observation and testing.  Subsequent CT scans of the abdomen and chest found an aortic dissection that extended from the aortic root to the iliac arteries in the hips.  As emergent transfer for cardiothoracic surgery was underway, the patient decompensated and died later that evening.  Decedent’s widow brought suit against the ED physician and Hospitalist for failing to consider vascular emergency in a more timely manner.  The defense team argued that the decedent unfortunately presented with signs/symptoms entirely inconsistent with aortic dissection given that he had no complaints of pain at any point during his evaluation.  Despite the rarity of the presentation, decedent’s condition was still diagnosed within 10 hours – well within the standard of care.  After two hours of deliberation, the jury returned a verdict in favor of defendants and awarded no damages.