Saxton & Stump Obtains a Defense Verdict in an Esophageal Perforation Case

Feb 12, 2020 | Defense Verdicts, Healthcare Law

Plaintiff claimed that our physician used an over-sized dilator during an esophageal dilation, a procedure used to improve difficulty swallowing.  Plaintiff also claimed the esophageal perforation caused permanent damage to Plaintiff’s ability to swallow solid food and caused her frequent vomiting and regurgitation.  Finally, Plaintiff claimed that our physician did not have her informed consent to perform the dilation.  Using a world-class gastroenterology expert, we illustrated to the jury that informed consent was obtained, that the dilator size was appropriate given Plaintiff’s history and symptoms, and that her ongoing symptoms were not caused by any negligence of our physician.  After an hour of deliberations, the jury returned a verdict in favor of our physician finding no negligence and that informed consent was obtained.   

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