Practice Areas

Ten Trial Wins at BSPH in 2012

CUYAHOGA COUNTY

Steven J. Hupp, Esq. and Jennifer R. Becker, Esq., obtained a defense verdict on behalf of a cardiologist in a wrongful death case. Plaintiff claimed that the cardiologist was negligent in not performing a cardiac catheterization. The decedent suffered a fatal myocardial infarction. The jury returned a verdict in favor of the cardiologist finding that he met the standard of care.

Steven J. Hupp, Esq. and Ronald A. Margolis, Esq., obtained a unanimous defense verdict on behalf of a radiologist in a medical malpractice action. The defense team admitted that the radiologist was negligent in failing to diagnose a mass on Plaintiff's mammogram. The case was defended on proximate cause only. The jury returned a verdict in favor of the radiologist finding that the radiologist did not proximately cause Plaintiff's injury.

Donald H. Switzer, Esq., obtained a unanimous defense verdict in favor of an anesthesiologist in a medical malpractice action. Plaintiff claimed to sustain a permanent brachial plexus injury during an extensive coronary artery bypass graft surgery due to the negligence of the anesthesiologist and/or the cardiac surgery team. The jury returned a unanimous verdict in favor of the anesthesiologist, but unfortunately the jury also returned a verdict against the hospital, which was represented by another law firm, in the amount of $944,377.07.

Bret C. Perry, Esq. and John S. Polito, Esq., obtained a unanimous defense verdict on behalf of a general surgeon in a medical malpractice and wrongful death action. Plaintiff claimed that the surgeon was negligent in performing a primary anastomosis to correct a large bowel obstruction instead of opting for an ileostomy with fecal diversion. Plaintiff also claimed that the surgeon was negligent in failing to return to surgery in a timely fashion when the decedent's condition in the post-operative period warranted a return to surgery. Due to the alleged negligence, Plaintiff claimed the decedent suffered fistula and abscess formation ultimately resulting in the decedent's death. The jury returned a verdict in favor of the surgeon finding that the standard of care was met.

LORAIN COUNTY

John S. Polito, Esq. obtained a defense verdict in favor of a neurosurgeon in a medical malpractice and wrongful death action. Plaintiff claimed that the neurosurgeon negligently cared and treated for the patient after successfully removing a tennis ball sized tumor from the patient's brain, causing his death. The jury returned a verdict in favor of the neurosurgeon finding that he met the standard of care.

Bret C. Perry, Esq., obtained a unanimous defense verdict on behalf of an ENT surgeon and his practice group in a medical malpractice case. Plaintiff claimed that the surgeon fell below the standard of care when he breached the lamina papyracea and identified orbital fat during the performance of endoscopic maxillary sinus surgery, causing Plaintiff permanent double vision during extreme rightward gaze. The jury returned a verdict in favor of the surgeon finding that he met the standard of care.

MEDINA COUNTY

John S. Polito, Esq. and Bret C. Perry, Esq., obtained a defense verdict on behalf of a cardiologist in a medical malpractice action. Plaintiff claimed that the cardiologist negligently dissected a coronary artery during a diagnostic catheterization, causing her to suffer heart failure ultimately requiring a heart transplant. The jury returned a verdict in favor of the cardiologist finding that the standard of care was met.

STARK COUNTY

Bret C. Perry, Esq. and Jason A. Paskan, Esq., obtained a unanimous defense verdict on behalf of a plastic surgeon in a medical malpractice action. Plaintiff claimed that the plastic surgeon negligently dismissed her complaints of post-operative urinary retention following breast augmentation and abdominoplasty surgery, causing her bladder injuries. The jury returned a verdict in favor of the plastic surgeon finding that the plastic surgeon met the standard of care.

SUMMIT COUNTY

William D. Bonezzi, Esq., obtained a unanimous defense verdict in favor of a pain management specialist in a medical malpractice action. Plaintiff claimed that she was injected with Kenalog over a four day period, but the injections should have been spaced out over a two to three week period. Plaintiff claimed that the injections caused an infection resulting in surgery. The jury returned a verdict in favor of the pain management specialist finding that the pain management specialist met the standard of care.

Donald H. Switzer, Esq., obtained a unanimous defense verdict in favor of an emergency medicine physician and his group in a wrongful death action. Plaintiff claimed that the failure to treat the decedent with Tamiflu for H1N1 flu and pneumonia caused the decedent's death. The jury returned a verdict in favor of the emergency medicine physician and his group finding that the standard of care was met.