Richard Schiller and Noel Halpin obtained a defense verdict – May 2016
In May 2016, Richard Schiller and Noel Halpin obtained a unanimous defense verdict on behalf of an orthopedic hand surgeon in Fayette Circuit Court. It was alleged that the surgeon was negligent in his performance of a tendon release surgery for a triggering left thumb, and in the follow-up care that was provided. The Plaintiff alleged that a complication which occurred during the procedure went on to result in a complete rupture of the tendon which was not identified in the weeks that followed the procedure. The defense proved that the follow-up care was appropriate, there being no proof that a rupture had occurred during that time period, and that the rupture could have occurred in the months that followed the conclusion of treatment by the surgeon. The rupture of the tendon was not identified until seven months later when the Plaintiff went to see another hand surgeon. The subsequent surgeon repaired the rupture and the Plaintiff had a good recovery. After 20 minutes of deliberations, the jury returned with a unanimous defense verdict finding that the surgeon did not breach the standard of care. The Plaintiff was awarded nothing.