Practice Areas

BSMPH Attorneys Obtain Defense Verdicts

Medina County

BSMPH attorneys John S. Polito and Bret C. Perry recently obtained a defense verdict on behalf of a physician in a medical malpractice action pending in Medina, Ohio.

Attorneys Polito and Perry successfully defended a Cardiologist in a ten day trial in the Medina County Court of Common Pleas. Plaintiff claimed that the Cardiologist negligently dissected a coronary artery during a diagnostic catheterization. As a result of the dissection, Plaintiff claims she suffered heart failure which ultimately led to Plaintiff requiring a heart transplant.

The defense presented compelling evidence that the Cardiologist met the standard of care in recommending the cardiac catheterization based on Plaintiff's multiple risk factors for coronary artery disease, in the performance of the heart catheterization, and in the subsequent management of the dissection.

The jury returned its verdict after six hours of deliberations finding that the Defendant-physician met the standard of care.

Lorain County

Recently, a defense verdict was obtained by BSMPH attorney John S. Polito on behalf of a Neurosurgeon in a medical malpractice and wrongful death action filed in Lorain County Court of Common Pleas before Judge Rothgery.

Plaintiff, as Administratrix of the Estate, claimed that the Neurosurgeon negligently cared and treated for the patient after successfully removing a tennis ball sized tumor from the patient's brain. Plaintiff claimed that the patient died as a result of the care and treatment.

The Jury agreed with the defense argument that the Neurosurgeon met the standard of care in his care and treatment of the patient, and returned a verdict in favor of the Neurosurgeon.

Cuyahoga County

BSMPH attorneys Steven J. Hupp obtained a defense verdict in a wrongful death case. In March, the trial team successfully defended a Cardiologist in a six day trial in Cuyahoga County Common Pleas Court.

This case arose from the death of a 44 year old father of two from a myocardial infarction. The deceased presented to the emergency room with complaints of chest pain. An initial EKG taken in the emergency room was abnormal. However, repeat EKGs were nonspecific and four cardiac enzymes were all negative. Our Defendant performed a nuclear scan stress test. During this test, the deceased performed at a high level of exercise and had no chest pain or ischemia.

After his discharge, the deceased had one emergency room visit with a co-defendant who discharged him. Five days later, the deceased suffered a fatal myocardial infarction.

Plaintiff claims that the Defendant Cardiologist was negligent for not performing a cardiac catheterization, which all parties agreed would have been lifesaving. The jury returned a verdict in favor of both Defendants.