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Schiller, Vickrey Secure Defense Verdict for Hospital in MedMal Dispute Seeking $17.5M

October 30, 2023

Johnson & Bell Shareholders, Gregory E. Schiller and Caroline K. Vickrey, secured a defense verdict in favor of their hospital client in a medical malpractice dispute.  In this dispute, a 67-year-old woman underwent a hysterectomy surgery at the defendant hospital.  Two-days later, a scan of the plaintiff suggested the possibility of a bowel perforation.  The Ob/Gyn doctor and the general surgeon involved did not immediately perform a repair surgery, in part, because the clinical signs and symptoms were inconsistent with a bowel perforation. Six days after the hysterectomy, plaintiff underwent emergency surgery during which a bowel perforation was identified and repaired.  Plaintiff underwent several subsequent surgeries and incurred more than $600,000 in medical bills.

The plaintiff sued the hospital (Johnson & Bell’s client), the Ob/Gyn doctor and the general surgeon, claiming institutional negligence against the hospital. After a two-week trial, the plaintiff asked the jury for a verdict in excess of $17.5 million against the three defendants, including $10 million for pain and suffering, $5 million for loss of a normal life, and the remaining amount for emotional distress. The jury deliberated for two days and returned a verdict of not guilty against the hospital and the OB/Gyn doctor.  The case against the general surgeon resulted in a deadlocked jury.

The Johnson & Bell trial team defended the hospital in this case.  The Ob/Gyn doctor and the general surgeon were represented by separate counsel.


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