Verdicts- Defense Verdict in Medical Malpractice Action Alvarez, Sambol & Winthrop, P.A., is proud to announce that the firm obtained a defense verdict in a medical malpractice action tried in Tampa, Florida.The case was tried on behalf of Vernon Bartley, M.D., by Jeffrey M. Thompson of the firm. Matthew Mudano of Ogden & Sullivan, tried the case on behalf of the Plaintiff. The venue for the trial was Hillsborough County, Florida, before the Honorable James Arnold. The Plaintiff alleged that Dr. Bartley was negligent for failing to properly manage his post-surgical care. As testified to at trial, the Plaintiff initially presented to Dr. Bartley for repair of a ventral hernia. Because of the size of the Plaintiff’s hernia, the repair required the use of mesh to secure the hernia. At one point after surgery, the mesh started to become evident, emerging from the surgical wound. At that time, a culture of the area indicated that the Plaintiff had developed an infection (pseudomonas). Later, the Plaintiff underwent another operation where Dr. Bartley attempted to utilize a flap rotational graft in order to cover the exposed area. Unfortunately, the graft used to cover the area started to separate. Dr. Bartley felt that with more graft erosion that he could not do much more for the Plaintiff. Therefore, he decided to send the Plaintiff to Tampa General Hospital Clinic, a multi-specialty group, and allow them to handle it. The Plaintiff continued to treat at Tampa General Hospital Clinic and with other providers until the infected mesh was finally removed some two years after the Plaintiff initiated treatment with Dr. Bartley. As a result of the above, the Plaintiff alleged that he continued to experience ill health, pain and suffering, mental anguish and/or exacerbation of a pre-existing physical and psychological condition, until the infected mesh was surgically removed. Initially, the Plaintiff sued Tampa General Hospital Clinic and the University of South Florida, in addition to Dr. Bartley, for their role in this matter. Prior to trial, both Tampa General Hospital Clinic and the University of South Florida settled with the Plaintiff for an undisclosed amount. At trial, the Plaintiff’s expert surgeon criticized Dr. Bartley for failing to remove the infected mesh once it became infected. He indicated that with this type of mesh, once it becomes infected it needs to be removed. He felt that transferring the Plaintiff’s care to another facility without removing the infected mesh was beneath the standard of care. In response, the Defense presented expert testimony that an infection occurring with the use of mesh is an accepted complication of this type of surgery. Additionally, the experts for the defense testified that it was appropriate for Dr. Bartley to treat the Plaintiff conservatively, and that removal of the surgical mesh is only done as a treatment of last resort. After deliberating for less than an hour, the jury returned a verdict in our favor. Special thanks to Peggy Bryan of ProAssurance and Dr. Bartley for allowing us to take this case to trial. |