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Cischke, Connery Secure Defense Verdict for Hospital in MRI Dispute Seeking $11.6M

February 13, 2024

Johnson & Bell Shareholders, Stacey A. Cischke and Margaret A. Connery, obtained a verdict for the defense in a dispute involving negligence allegations of a magnetic resonance imaging (MRI) technologist.  In this dispute, a 50-year-old, male plaintiff sued the hospital, alleging that headphones given to him to listen to music while going thru the MRI procedure were improperly positioned by the MRI technologist.  When the machine’s transport table that the patient was lying on started moving into the MR scanner, the plaintiff alleged that either the headphones or their cord got caught, choking him and causing a permanent injury to the cervical nerves C2 and C3. Plaintiff received multiple cervical injections and the placement of an occipital nerve stimulator, but still suffered from chronic cervicogenic pain. He sought damages for past and future pain and suffering, disability, emotional distress and lost wages.  

In contrast, the defense argued that there is no one way to position the headphones and that the event did not occur in the manner described by the plaintiff.  Moreover, the defense maintained that the claimed injuries could not have occurred because of any incident with the headphones.

At the end of the eight-day trial, plaintiff’s counsel asked for $11.6 million in damages.  After deliberating for approximately two hours, the jury returned a verdict in favor of the hospital defendant.

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