Morrison Mahoney Partners Brent Tingle and Tony Abeln prevailed in a wrongful death / medical malpractice case following a three-day arbitration. The case was arbitrated because of extremely complex medical issues that would have been difficult for a jury to understand. Further, the client was very worried about the risk of an excess verdict.
The case involved the death of a recently retired public school teacher / coach from a rare type of kidney cancer. Our client was a urologist who had been following the patient for a number of years. Our client allegedly failed to follow up on a series of positive genetic tests designed to detect the cancer at issue. The defense contended that the genetic test at issue was prone to false positives and that other testing pointed away from an active malignancy. We further argued that the patient had a very aggressive cancer that would have had a poor prognosis even if diagnosed earlier.
