Final Verdict: Surgeon Not Liable For Injuries

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Final Verdict: Surgeon Not Liable For Injuries

A pithy joke says, “I took a class on whether correlation proves causation, but I can’t be sure it helped.” All humor aside, it’s critical to remember in any personal injury case that merely showing correlation between two events is not enough to prove causation, let alone negligence. In medical malpractice cases, a patient often suffers some harm or worsening of their condition shortly after receiving medical care. As natural as it may be to associate the harm with something that must have gone wrong during the treatment, this isn’t always an accurate assumption, and Final Verdict: Surgeon Not Liable For Injuriesit definitely isn’t enough to prove damages in court.

In November 2009, 50-year-old foundry worker Jordan Williams received a hip replacement surgery from Dr. Jon Swenson in Newport News, Virginia. Unfortunately, Jordan suffered a cauda equina stroke either during or shortly after the surgery, causing paralysis in his leg. He was no longer able to work and was confined to a long-term care facility. After reaching maximum medical improvement, he hired medical malpractice attorneys Benjamin Byrd and Anthony Russell and brought a lawsuit against the Mary Immaculate Hospital and the two physicians who had either treated him or managed his treatment. The lawsuit identified surgical error, failure to monitor, and orthopedic surgical malpractice.

The lawsuit alleged that the cauda equina stroke was caused by low blood pressure during and after the surgery and claimed that the surgeons and the follow-up care physician had a duty to monitor blood pressure to avoid excursions. Under this theory of liability, the physicians failed to properly monitor, treat, or recognize the problem, leading to the stroke and the subsequent injury. Jordan demanded $4.2 million in past and future medical care and lost wages.

The defendants, represented by defense attorneys Ronald Herbert and John Minier, hired experts to dispute Jordan’s claims. They argued that there had been no negligence and no breach of the standard of care, protesting instead that the injuries were caused by existing damage to Jordan’s spine. Swelling around the compressed nerve roots was present regardless of surgical actions and this was the most likely culprit. 

The trial lasted for seven days and involved testimony from the plaintiff, the treating physicians, and multiple defense experts. Jordan explained that he now required a wheelchair for ambulation and that the quality of his life was forever altered. However, despite impassioned testimony, the seven-person jury did not find his arguments to be convincing. After two hours of deliberation, they accepted the defense argument that nothing the doctors did or failed to do contributed to Jordan’s injuries.

The hospital had already been removed from the case, and so the jury entered a verdict on behalf of Jon Swenson and Patrick Higdon, finding no medical malpractice. Cohen & Cohen

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

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