Saxton & Stump clinched a defense verdict in a complex thoracic surgery case involving the death of a 63-year-old man. Plaintiff claimed that our thoracic surgery client improperly discharged the patient with a brewing infection in light of an elevated white blood cell count. However, through our client and strong expert support, we were able to demonstrate to the jury that the patient had shown signs of improvement post-operatively. Further, the surgeon’s discharge plan included follow-up testing and at-home monitoring. The jury agreed and found that our client’s discharge with planned follow-up was appropriate despite the patient passing away nine days later on readmission. After a six-day trial, the jury returned with a no negligence verdict in approximately 40 minutes.
