Attorney James Rosenblum represented a general surgeon and his medical practice in a wrongful death action brought in New Britain, Connecticut. The suit was originally brought against the surgeon, an intensivist and the hospital. Before trial, the claims against the intensivist and the hospital were settled. The case was tried against the surgeon. The patient received care and treatment in the intensive care unit at the hospital following a laparoscopic cholecystectomy that had been performed by the surgeon. The intensive care unit was a closed unit. Plaintiff claimed that the surgeon failed to timely diagnose and treat a bowel perforation, that caused the patient’s death. Defendants presented radiologic evidence to demonstrate that there was no indication of a perforation and that the patient’s symptoms could be attributed to the patient’s comorbidities. When radiologic evidence eventually did show evidence of a perforation, surgical repair was performed. Plaintiff claimed loss of life’s enjoyment, loss of consortium, and lost wages. The case was settled satisfactorily during the second day of jury deliberations.
Attorneys Jim Biondo and Diana Carlino defended internists during wrongful death trial, where client admitted liability. Defense focused on damages, wherein plaintiff was seeking unrealistic damage award. Jury returned verdict for amount defense had offered in settlement.