Articles Tagged with Verdict

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After a two-week jury trial, BMA Lawyers Aaron Moore and Jeff Quinn obtained a $2,596,589 verdict in Fairfax County, Virginia.

The case involved a 33-year-old woman diagnosed with an enlarged lymph node and Lyme’s disease.  In fact, both diagnoses were incorrect.  A general surgeon in 2011 found that the patient did not have an enlarged lymph node In March 2011 and a subsequent CT scan confirmed that finding. Fairfax-Circuit-Court-300x156

The patient was referred to an ENT surgeon who, nevertheless, recommended a lymph node biopsy in August 2011.  While performing the procedure, the surgeon cut across her spinal accessory nerve, an important nerve that supplies the neck and shoulder muscles.

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Please join Bekman, Marder & Adkins in congratulating partners Emily Malarkey and Dale Adkins, who recently obtained a $1,017,000 verdict on behalf of our client, who underwent an unnecessary major thoracic operation, suffered a herniation of lung tissue through his ribcage as a result, required another major surgical repair five years later, and experienced a painful and difficult case of post-thoracotomy pain syndrome.

Our client’s medical misadventure began when his radiologist improperly diagnosed him with a “wide mouthed” hernia of the diaphragm.  Our client never had a hernia, which the radiologist admitted during trial.  However, the radiologist presented testimony at trial that in Cecil County, the term “wide mouthed hernia” is used synonymously with the medical condition known as an “eventration.”  The problem is that a hernia is a condition requiring surgery, but an eventration is not.  Our client’s surgeon relied upon the radiologist’s diagnosis of hernia and proceeded with the wholly unnecessary surgery.

All issues were hotly contested at the trial, which involved testimony from ten physicians and a number of fact witnesses.  Trial lasted ten days and the jury deliberated for eight hours over the course of two days.  The jury’s verdict of $1,017,000 compensated Malarkey and Adkins’ client for his past medical expenses, past lost wages, and the pain and suffering he has unnecessarily had to endure.