|Naomi Plakins Obtains Defense Verdict for Client Radiologist in Month Long Stroke Trial in Bucks County|
In a hotly contested, month long trial in which the client radiologist was claimed to be negligent in failing to diagnose a brain stem stroke, the Jury deliberated two days and found the client not negligent on November 14, 2014. The terms of a high/low agreement are confidential.
The case involved the sympathetic plight of a man in his mid-fifties who was placed in a “locked in” state by a brain stem stroke, but remained cognitively intact and therefore aware of his condition. At the time of trial, Plaintiff remained quadriplegic but with limited head movement and some regained speech, with which he movingly addressed the Jury.
The patient’s lawyer and experts argued that the client radiologist missed the direct and indirect signs of brain stem stroke on MRI and MRA, depriving the patient of the chance to undergo time-sensitive treatments, including mechanical clot retrieval. Plakins and her defense experts argued that the client’s interpretation of the films, although inaccurate in retrospect, was reasonable at the time, and thus not negligent. In addition, the patient’s chances for recovery were inherently limited, or non-existent, defense experts stated to the Jury.
Special damages of over $15 million dollars were presented to the Jury, in addition to claims for pain and suffering and consortium. The jury awarded zero.