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Hearn, Stanzione Secure Jury Verdict for the Defense in Medical Malpractice Dispute. Plaintiff Sought $3M.

March 9, 2018

Johnson & Bell Shareholders, Edward W. Hearn and Sharon L. Stanzione, received 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.  Johnson & Bell Associate, Alan M. Kus, also was part of the defense team.  The cardiologist was represented by another law firm.

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