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Johnson & Bell Shareholder, Sammi L. Renken, and Associate, John C. Marshall, obtained a dismissal with prejudice for their hospital client in a lawsuit alleging negligence relating to formation and worsening of a Stage IV pressure ulcer.  The estate of the plaintiff sought damages from Johnson & Bell’s client and a second hospital relating to the development and worsening of a sacral pressure ulcer.  The plaintiff had suffered a severe stroke at home and required hospitalization. The plaintiff alleged that the defendants were negligent in allowing a sacral pressure ulcer to develop and progress to a Stage IV wound during his hospitalizations. The plaintiff alleged the defendants deviated from the standard of care in assessing, treating, and monitoring the wound. The defendants argued that the development of the wound was unavoidable and that any alleged worsening was due to the decedent’s immobility following a severe stroke, his ventilator dependence, and his numerous chronic health conditions.  Prior to trial, the claim for Wrongful Death was dropped by plaintiff.  During trial, the co-defendant hospital settled.  Then, after rulings on motions in limine, plaintiff’s counsel, Levin & Perconti, agreed to dismiss Johnson & Bell’s client with prejudice and no payment.

This is the second pressure ulcer trial in a year for Renken and Marshall where no verdict was entered against their client.  In their earlier case, they received a defense verdict in a case seeking $6M in damages.