No Cause Verdict for FBMJ Attorneys
Foley, Baron, Metzger & Juip attorneys Randy Juip and Sarah Cherry recently obtained a Defense Verdict (No Cause) in a medical malpractice jury trial in Wayne County Circuit Court.
Randy and Sarah represented a major hospital system, an Emergency Medicine physician, and a Physician Assistant in a claim involving a 28-year-old female and two emergency department visits involving a hand laceration caused by an altercation. Prior to trial, Randy and Sarah were successful at securing the dismissal of another emergency medicine physician, an NP, and an emergency medicine resident via motion practice. Plaintiff alleged that at the time of the first emergency department visit that the ulnar nerve in the patient’s dominant hand was completely transected.
The Plaintiff claimed that the emergency medicine providers should have “done more” for her despite the providers performing thorough examinations and referring her for appropriate follow up, including making a written referral for plaintiff to see a hand surgeon within one day. The Plaintiff did not comply with the discharge instructions, and she failed to see a hand surgeon within the instructed time frame. Plaintiff’s delay in seeing a hand surgeon led to the development of a neuroma in-continuity in the ulnar nerve. Plaintiff was eventually seen by a hand surgeon and the Plaintiff underwent surgery on her dominant hand.
Plaintiff claimed that she had limited movement in her dominant hand due to the alleged negligence of the emergency medicine providers. Plaintiff claimed lost wages, household services, and pain and suffering.
The trial involved testimony from 13 witnesses, including four hand surgeons (two treating hand surgeons and two experts), expert witnesses, and various lay/treater witnesses. Other key evidence included hours of social media videos that the plaintiff herself posted, many of which demonstrated that her claims of lost function were dubious at best. Randy and Sarah argued that the Plaintiff was comparatively at fault due to her failure to follow-up as instructed and utilized the Plaintiff’s social media posts and videos during trial as they contradicted her claims.
The jury returned a unanimous verdict and agreed that the Emergency Medicine physician and Physician Assistant did not commit medical malpractice. The theories against the hospital system were vicarious for the actions of the emergency medicine providers, so the verdict was in favor of all defendants.
Congratulations, Randy and Sarah!