Richard Schiller Obtains Defense Verdict in Medical Malpractice Trial – 2017
In May 2017, Richard Schiller and Noel Halpin obtained a defense verdict on behalf of a general surgeon following a jury trial in Grayson County, Kentucky. It was alleged that the surgeon was negligent in his removal of a PEG tube and in the subsequent follow-up care that he provided. The Plaintiff went on to develop a small bowel obstruction which she attributed to the surgeon’s technique in removing the PEG tube, and she underwent surgery. Fifteen months later she developed another obstruction, caused by adhesions, which required another surgery. The proof showed that while the PEG tube removal technique may have been a contributing factor to the first obstruction, it was not the substantial factor. The defense proved that adhesions in the small intestine also played a role in causing both obstructions. After deliberating for approximately three hours, the jury returned with a defense verdict. The Plaintiff was awarded nothing.