New York City Attorneys John Evans and Michael Moretti Win a Defense Verdict for Physician Clients in Medical Malpractice Case

Published on June 10, 2024

New York, NY (June 10, 2024) – New York City attorneys John T. Evans and Michael L. Moretti III obtained a defense verdict for their physician clients in a jury trial in New York Supreme Court, County of New York on June 3rd.

The plaintiff alleged that Rawle’s clients, an obstetrician-gynecologist and a general surgeon, improperly placed and maintained a surgical retractor during a total abdominal hysterectomy, bilateral salpingo-oopherectomy, and intra-operative appendectomy.

After the surgery, the plaintiff complained of numbness and tingling in her lower right extremity, and difficulty walking.

The plaintiff alleged that the lateral blade of the retractor had improperly compressed her psoas muscle causing ischemia and injury to her femoral nerve, resulting in sensory and motor deficits in her right lower extremity.

Through the use of medical records, anatomical illustrations and expert testimony, Mr. Moretti and Mr. Evans established that the surgeons would have been unable to visualize and remove the endometrial disease if the retractor blade was compressing the psoas muscle.

Critically, the defense established that the plaintiff’s subsequent electromyography (EMG) nerve conduction studies did not support the plaintiff’s alleged injuries. The defense also contended that the plaintiff’s symptoms were associated with a pre-existing degenerative spinal disc disease, thus explaining why her condition appeared to worsen over the years.

During closing arguments, opposing counsel told the jury that the plaintiff would need to use a cane for the remainder of her life, and would depend on daily medication to control her constant pain. As a result, opposing counsel asked the jury for an award over $10 million.

After approximately 2 hours and 45 minutes the jury returned a unanimous defense verdict.

About Rawle & Henderson LLP:  Founded in 1783, Rawle & Henderson has been recognized by the American Bar Association as the oldest law firm in continuous practice in the United States. With 10 offices in Delaware, New Jersey, New York, Pennsylvania and West Virginia, its more than 100 lawyers represent the interests of corporations, businesses, individuals and their insurers.  For more information, visit http://www.rawle.com

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