After several years of litigation during which negligence, causation, and damages were all highly contested, Todd Schoenhaus, assisted by Daniel Jeck, secured a confidential seven-figure settlement in a medical malpractice lawsuit against a local hospital and its anesthesiologists on behalf of a patient who underwent nerve blocks under ultrasound guidance to alleviate post-operative pain in connection with arthroscopic knee surgery.
In settling the case shortly before trial was to begin, Todd was able to establish through deposition admissions and with expert opinion that our client suffered nerve damage, including permanent foot drop, as a result of the blocks.
In addition to challenging the extent of our client’s injuries, the defendants argued they did not breach the standard of care and that, in any event, our client’s nerve damage was caused by other non-negligent factors such as preexisting medical conditions.
To rebut those defenses, Todd aggressively excluded other reasonable explanations for the nerve damage and argued that, in accordance with Pennsylvania law, the defendants’ negligence was a matter of circumstantial evidence giving rise to a jury charge of res ipsa loquitor.
In the end, Todd’s efforts recovered significant compensatory damages for our client, who needs future medical care despite being able to work and care for her activities of daily living. The recovery compensated our client for her pain and suffering, loss of enjoyment, disfigurement, and humiliation, and brought closure to a horrible ordeal.
