Morrison Mahoney Partners Kimberly Iverson Tufo and Anthony Abeln recently won a defense verdict in a three-week wrongful death case in Worcester Superior Court on behalf of their hospitalist client. Plaintiffs alleged that our client failed to diagnose a necrotizing soft tissue infection over a nearly 30-hour period leading to its uncontrolled spread and the patient’s eventual death.
Plaintiffs’ expert testified that our client, among other things, failed to obtain a proper history from the decedent on admission, failed to properly and thoroughly examine the decedent’s skin and hips throughout his hospitalization, and failed to consider a necrotizing soft tissue infection and order the appropriate imaging, consults, and transfer of care until it was too late. Through a vigorous cross examination of Plaintiffs’ expert and the use of renowned experts in hospital medicine and infectious disease, Kimberly and Tony were able to show that not only was the standard of care met in this case, but that the unfortunate death of this patient was due to an extremely rare and virulent form of the infection that has little chance of cure.
Plaintiffs sought damages for negligence that exceeded approximately $2 million and an additional $1 million in punitive damages against our client for his alleged indifference. The jury found that our client met the standard of care and was not negligent after approximately two and a half hours of deliberations.
Special recognition goes to paralegal Katina Brown and administrative assistant Lisa Benson for their invaluable and tireless assistance.
