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Florie and Axon Obtain Defense Verdict in Twelve Day Trial

Mike Florie and Will Axon recently completed a 12 day wrongful death trial, obtaining a verdict in behalf of the defendant neurosurgeon, and also multiple co-defendant Emergency Medicine physicians, in a case involving rupture of a cerebral aneurysm of the left internal carotid artery.  Despite multiple trips to the ED at a local hospital over the course of a week, and evaluation by the defendant neurosurgeon, the plaintiff's aneurysm hemorrhaged on the day before her scheduled arteriogram, and she died at home.  The plaintiff's expert, a neurosurgeon formerly on faculty at Johns Hopkins, testified that the defendant should have been more aggressive in his treatment of the aneurysm once it was diagnosed, and he should have operated on the patient a week before she died.  The neurosurgeon was successfully defended on the basis of the reasonableness of his plan to delay arteriogram and definitive intervention until the plaintiff was off aspirin for seven days, so as to avoid the heightened risk of bleeding.  The case went to the jury on trial day 12, and they returned a verdict in behalf of our neurosurgeon after approximately 90 minutes deliberation.  All of the co-defendant ER physicians went out on JMOL at the close of all the evidence, based on the neurosurgeon's supportive testimony for them on the causation issue.



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