Mike won a defense verdict in a two week paramedic malpractice wrongful death case, wherein the decedent’s survivors alleged that the decedent, after having sustained a fall and a C2 odontoid fracture, was mishandled by the paramedic and EMS crew, resulting in a shift and/or displacement of an odontoid fracture. The fracture allegedly compressed the spinal cord, resulting in a pulmonary and cardio arrest, and resultant brain damage. Decedent was removed from life support several days later.
Plaintiffs alleged conscious pain and suffering on behalf of the decedent and the loss of love and society for 11 children and 44 grandchildren.
The trial proofs concerned the testimony of approximately 9 lay witnesses and 7 medical treaters and experts. The defendant’s case was based upon an assertion that the scene witnesses (decedent’s family members) fabricated their version of events, and it was asserted that their version of events was not consistent with EMS and initial hospital triage documentation.
The jury returned a verdict for defendant in approximately an hour and five minutes. The defendant will be entitled to approximately $60,000 to $80,000 in case evaluation sanctions.