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  • Obtained a directed verdict in favor of our hospital client. The case originally featured 17 different defendants, and ultimately went to trial against four co-defendant physicians and the hospital. Plaintiff alleged that her husband went to the hospital with an aortic dissection that ultimately went undiagnosed and untreated, leading to his death less than two hours after being discharged. Specifically regarding the hospital, plaintiff alleged a failure of the nurses to report chest pain to the attending physicians and a failure to follow physician orders. Plaintiff sought $1.25 million in damages from the hospital, the maximum recoverable amount allowed under the Indiana Medical Malpractice Act.  Johnson & Bell successfully refuted these allegations and argued that the hospital's nurses properly cared for the patient, including his eventual discharge.  In addition, the defense team maintained that the hospital, and its nurses, did not cause or contribute to the patient's death. As a result, the trial court entered a directed verdict in favor of the hospital at the close of plaintiff's case-in-chief.
  • In a case of first impression, obtained a directed verdict in favor of our hospital client in a negligent credentialing dispute. Plaintiffs are seeking millions of dollars alleging Johnson & Bell’s client negligently credentialed a cardiologist who allegedly performed unnecessary surgeries in more than 300 cases. This is the first case of its kind because it invokes a review of a hospital credentialing process and seeks to hold hospitals responsible for independent physicians on their respective staffs. By securing this directed verdict in its client’s favor, the Johnson & Bell trial team has helped set a precedent for the other pending cases and any other case against a hospital involving its credentialing processes.
  • Obtained a jury verdict in favor of an Indiana hospital and one of its clinics in a major medical malpractice lawsuit. In addition, the jury ruled in favor of a Munster, Indiana cardiologist accused by hundreds of patients of implanting allegedly unnecessary heart devices. The plaintiff sought more than $3 million in damages. In this medical malpractice case, plaintiff alleged that he was persuaded by the cardiologist to have a cardiac defibrillator implanted in 2007, when he was 25. Plaintiff also argued that the device implanted in him was defective.  Moreover, plaintiff asserted that the cardiologist did not have proper training to perform the implant procedure and that the Indiana hospital where he operated also was liable because it didn’t adequately supervise him.  Defense countered by arguing that the plaintiff was admitted with dangerously high blood pressure.  Defense claimed the plaintiff’s heart was enlarged, had decreased movement and was performing at 50 percent of normal functioning.  After the implant was inserted, plaintiff was discharged from the hospital with diagnoses of malignant hypertension, congestive heart failure, chronic kidney disease, morbid obesity, sleep apnea and primary cardiomyopathy.  After two weeks at trial, the jury ruled in favor of the Indiana hospital and its clinic. The cardiologist was represented by another law firm.
  • Obtained a defense verdict in favor of our hospital client in a medical malpractice wrongful death case. The case involved a 28-year-old woman who came to the emergency room with chest congestion and was treated by an ER doctor and staff, then discharged. The young woman died 56 hours later from acute necrotizing MRSA pneumonia. The young woman’s estate filed a medical malpractice and wrongful death case against the hospital, the ER doctor, and the ER staff. Johnson & Bell skillfully and aggressively defended the hospital, and the hospital’s nurses, by presenting substantial evidence to the jury, which established that the hospital’s care and treatment met the applicable standard of care, and did not cause the young woman’s death. The young woman’s estate was seeking damages in the millions and in excess of the total amount recoverable under the Medical Malpractice Act. After a week-long trial in Gary, Indiana, the jury returned a defense verdict for all defendants after one hour of deliberation.
  • Obtained received a defense verdict in favor of our client, an Indiana hospital, in an alleged medical negligence case. The plaintiff demanded $1.25 million during the trial. The case involved a patient, a 68-year-old female, who had just undergone a proctectomy procedure. Following the procedure, the patient was received back to the medical/surgical floor from the recovery room and her condition was noted to be stable and appropriate for a post-surgical patient. The next morning the patient's condition suddenly and unpredictably worsened and she subsequently passed away. At the time of trial, the case focused solely on the care rendered to the patient on the medical/surgical floor. The plaintiff alleged that the Indiana hospital and its nursing staff failed to properly monitor the patient after her surgery and that this failure to monitor is what caused her death. As support for his allegations, the plaintiff relied primarily on the documentation in the patient’s medical records.  The defense argued that the Indiana hospital and its nurses acted as reasonable nurses in providing care to their post-operative patient.  Moreover, the defense argued that the nurse’s conduct was not a proximate cause of the patient’s death. After deliberating for just over one hour, the jury returned a verdict for the defense.
  • Obtained a verdict in favor of an Indiana hospital, following a six-day jury trial. Plaintiff sought $2.6 million in damages. The lawsuit arose out of allegations surrounding the wrongful death of a 25-year-old patient. The patient suffered from a condition called Hereditary Angioedema (HAE)—a very rare and potentially life-threatening genetic condition, causing episodes of swelling in various body parts. The patient in this case was frequently hospitalized due to severe abdominal pain caused by her HAE condition. Throughout the admission to our hospital client, the patient constantly complained of severe abdominal pain, nausea, and vomiting, and by day seven, the physicians decided to transfer the patient to a tertiary care center for treatment by a physician specializing in HAE. The patient died before the transfer could be executed. The autopsy showed the patient died from a pulmonary embolism (PE) and the patient’s estate filed a lawsuit against our hospital client and the patient’s attending pulmonologist. At trial, plaintiffs argued that the hospital’s nursing and physician staff failed to properly monitor and treat the patient. Johnson & Bell countered that all hospital staff responded appropriately and met the standard of care for this patient. After deliberating for just over two hours, the jury returned a defense verdict.
  • Estate of Charmitta Jordan, Deceased v. Don H. Dumont, M.D. and The Community Hospital of the Community Healthcare System, 45D11-0702-CT-00031 (Ind. 2011)
  • Anonymous Hosp. v. A.K., 920 N.E.2d 704 (Ind. Ct.  App. 2010)
  • Porter County Sheriff Dept. v. Guzorek, 862 NE2d 254 (Ind. 2007)
  • Avant v. Community Hospital and Fitness Pointe Health Club, 790 NE2d 585 Ind. Ct. App. 2003), trans denied
  • Bowers v. Kushnick, 743 NE2d 787 (Ind. Ct. App. 2001)
  • McConnell v. Porter Memorial Hospital, 698 NE2d 865 (Ind. Ct. App. 1998)