Defense Verdict in Medical Malpractice Case


Decided September 16, 2008
Lehigh County, Pennsylvania

Shawn P. Phillips secured defense verdict for Defendant in jury trial before the Honorable Judge Varrichio.

Plaintiff alleged that Defendant failed to properly treat a skin necrosis over his kneecap/patella that arose shortly after his knee arthroscopy and that this treatment increased the risk of an infection that ensued and was eventually diagnosed as MRSA.

Specifically, Plaintiff alleged that continuing to apply ice after the development of the skin necrosis increased the risk of further tissue damage and the resulting infection.

The defense was that the skin necrosis occurred as the result of Plaintiff not following written instructions about how to apply ice after surgery, causing a frostbite. The defense was also that the die was cast at the time of the original frostbite injury and that continued application of therapeutic ice (after the development of the skin necrosis) was beneficial and outweighed any potential risks.

If you have any questions about this case, please contact Shawn P. Phillips at (610) 332-7011 or sphillips@tthlaw.com

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