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2017 Trials

2017 TRIALS

After about 8 years of litigation, Mr. Rosenblum resolved an 8 year case against an anesthesia, where plaintiff alleged failure to diagnose and treat excessive bleedingfrom back surgery and then failed to provide sufficient resuscitation during a second operation for hemorrhage. The case had been dismissed because of improper service, and then resurrected due to the “accidental failure of suit” statute, and then dismissed again because the initial dismissal was not due to accidental failure of suit but simply to failure to serve, but finally resurrected on appeal. Plaintiff sued the surgeon and the hospital in addition to anesthesia which seemed to be the target. Plaintiff alleged that anesthesia should have suspected an occult bleeding problem from significant vital sign changes and a significant drop in the blood count.  Plaintiff also claimed inadequate resuscitation during the second operation. Defendants achieved an excellent result after a motion to limit plaintiff’s anesthesia expert from testifying about the amount of post-operative bleeding and the remedy for such bleeding, and by seeking a Porter (Daubert) hearing regarding the amount of blood necessary to prevent intra-operative cardiac arrest associated with bleeding.

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