FBMJ attorneys Sarah Cherry and Brian Richtarcik successfully obtained a no-cause verdict on behalf of a Flint-based hospital in a wrongful death medical malpractice lawsuit.

Plaintiff claimed that one of the nurses was negligent in responding to an 11-year-old patient with a dislodged tracheostomy tube in the Pediatric Intensive Care Unit (PICU). The patient had a rare genetic neurodegenerative condition, GM1 gangliosidosis, which resulted in a complicated airway and a drastically reduced life expectancy. Plaintiff alleged that the failure to timely respond to the dislodged tracheostomy tube deprived the patient of oxygen and led to her death.

Sarah and Brian argued that the patient was suffering from neurogenic ventilation and neurogenic fevers, indicating brain stem death due to her underlying genetic condition. The autopsy confirmed this theory and was supported by the pathologist who performed the examination.

The case involved PICU nursing experts, pulmonology and critical care experts, pediatric neurology and genetics experts, and a pediatric intensive care expert. In addition to the seven experts who testified at trial, five lay witnesses testified, and a trial video deposition of the treating pathologist was presented to the jury.

Sarah and Brian were also successful in obtaining dismissal of all economic damages as well as pain and suffering claims on behalf of the decedent, based on concessions obtained during trial.

Ultimately, after six days of trial, Sarah and Brian secured a no-cause verdict on behalf of their hospital and nurse clients.