Lou La Cava and David Young Obtain a Defense Cerdict In A Wrongful Death Case

Lou La Cava and David Young obtained a defense verdict in a wrongful death case that also included claims by four family members of intentional infliction of emotional distress arising out of the manner in which they discovered that the decedent had died. The Plaintiffs alleged that our insured physician negligently failed to diagnose a lacerated spleen leading to death in the emergency room 4 hours after arrival. The defense successfully argued that our insured physician appropriately considered the rule-out diagnosis of lacerated spleen but the radiologist misread the CT as showing no solid organ injury. The defense also emphasized that trauma surgeons had decided to admit the patient for observation and that it was the hospital whose employees showed the family the decedent’s body without them knowing he was dead. The Plaintiffs asked the jury for a verdict in the multi-millions. The jury returned their verdict finding no liability on the part of our insured physician on both the wrongful death claim and the intentional infliction claim in just under two hours.