CSK Defense Team
West Palm Beach Partners David Kirsch and Lee Cohen
Case Summary
A medical malpractice trial concluded last week in Palm Beach County, FL, involving a Plaintiff who alleged that an orthopedic surgeon and orthopedic practice failed to properly evaluate a shoulder injury before recommending rotator cuff repair surgery. The Plaintiff claimed the surgery was unnecessary and ultimately unsuccessful, leading to further complications.
Defense Strategy
The CSK Defense Team acknowledged that some documentation from the pre-operative visits was incomplete. However, the defense argued that the existing records were sufficient to support the decision to proceed with surgery. A key point of contention was whether the Defendant had instructed the Plaintiff on a home exercise program before surgery. The Plaintiff also claimed that formal physical therapy should have been recommended instead.
Another issue raised by the Plaintiff involved the use of homeopathic medication injected into the shoulder, which was later banned by the FDA. The Plaintiff’s expert suggested these injections contributed to the surgical failure. However, the CSK Defense Team successfully excluded this testimony through a pre-trial Daubert motion, citing a lack of scientific basis.
Verdict
After hearing the evidence, the jury returned a complete defense verdict in less than one hour, clearing the orthopedic surgeon and practice of any wrongdoing.
Special Thanks to our Team in WPB
Paralegal Karen Kosta
Legal Assistant Stacy Cochran
Litigation Support and Office Services Team
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