Joe Bisch Wins Big in Suffolk County!

December 5, 2017

Partner Joseph Bisch was successful in obtaining a defense verdict on behalf of several healthcare providers. We were in the case on a theory of vicarious liability.

Plaintiff alleged that the defendants were negligent in failing to timely diagnose and appropriately treat the onset of nephrotic syndrome and the development of pulmonary emboli in this then 13-year-old male, resulting in his untimely death on January 16, 2011.

The defense argued that the care provided by the defendants was well within the standard of care. The defense experts underscored that at our hospital, that the plaintiff’s respirations were normal, and that his O2 Sats, which were 97% and 100% on room air at discharge, indicated that the infant decedent did not have a PE at the time of the subject emergency room presentation. Defense experts went through the labs that had been ordered by our PA on January 14th, discussing each abnormal finding, why none of the abnormal labs were alarming, and how the abnormal labs merely showed that the infant plaintiff’s longstanding nephrotic syndrome was simply in relapse again. Defense experts indicated that there was no reason for the plaintiff’s pediatric nephrologist, to have been called by any defendant. Most importantly, defense experts testified that there was nothing that could have been done to have avoided the pulmonary embolism that eventually killed the plaintiff on the 16th.

In closing, all defense counsel argued that there were no departures proven, and that the plaintiff also failed to provide any evidence on causation. The jury accepted our findings and found in favor of all of our clients.

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