April 7, 2006
Franklin County, Pennsylvania
Daniel L. Grill (Harrisburg) recently obtained a
defense judgment on behalf of the Defendant in a bench trial in Franklin County,
Pennsylvania.
TT&H represented a Chambersburg area plastic
surgeon who performed surgery for a ruptured biceps tendon. The patient had
previously had similar surgery by an orthopedic surgeon, and the initial repair
essentially fell apart due to wound healing problems. The patient had a clotting
factor deficiency (hemophilia) which contributed to the outcome. After the
plastic surgeon’s procedure, the patient continued to have problems and claimed
worsening of nerve damage demonstrated by serial EMG testing.
Plaintiff failed to put into evidence expert
testimony critical of the surgeon’s care. Accordingly, the defense motion for
nonsuit following Plaintiff’s case in chief was granted by the
court.