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Kus Secures Directed Verdict for the Defense in Medical Malpractice Lawsuit against Indiana Hospital

December 7, 2016

Johnson & Bell Associate, Alan M. Kus, received a directed verdict in favor of his client, an Indiana-based hospital, after five days of testimony on plaintiffs’ behalf.  In this case, the plaintiffs filed a medical malpractice lawsuit against the hospital and the mother’s obstetrician, claiming they were negligent in the delivery of the child.  The plaintiffs sought $2.2 million in damages. Against Johnson & Bell’s client, the hospital and its staff, the plaintiffs charged that the nursing staff breached the standard of care by instructing the patient to push before the shoulder dystocia was relieved, which, in turn, caused his brachial plexus palsy.  However, Kus successfully countered all arguments presented by the plaintiffs’ expert.  At the end of the plaintiffs’ case, the judge issued a directed verdict in favor of the hospital, resulting in a favorable judgment for the hospital.  The case continued against the doctor, who also successfully obtained a not guilty verdict for his own conduct.

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