Verdict 2014-11: Boston Partner Tory Weigand and Associate Robert DeLanders

Boston Partner Tory Weigand and Associate Robert DeLanders  recently obtained a defense verdict in a medical malpractice wrongful death action following eight day jury trial in Suffolk Superior Court. The defendant was a surgeon who was alleged to have failed to appropriately diagnose and timely treat the decedent suffering from cholangitis (infection of comon bile duct due to obstruction) during an eight day hospitalization. The decedent had a stent placed but clinically worsened during the hospitalization with the defendant surgeon ultimately opting to undertake a cholecystectomy but no common bile duct exploration two days before she died. Key point in trial was concession during cross examination of plaintiff’s surgical expert that (contrary to his expert disclosure), he had “no quarrel” with timing of surgical intervention by defendant only that he should have conducted open bile duct exploration which he, in turn, conceded was a “judgment” call. The case also involved issues of the nature and stages of sepsis and causative role of anti-biotic resistant bacteria.