Feb 19 2014

Verdict 2014-5, February 27, 2014: Boston Partner Brent Tingle and Associate Joe Avellone

Verdict 2014-5, February 27, 2014: Boston Partner Brent Tingle and Associate Joe Avellone prevailed in a medical malpractice after a one week trial in New Bedford Superior Court. The plaintiff sustained second and third degree burns to his shoulder during arthroscopic shoulder surgery that left him with a six inch scar. The cause of the burn was never determined. The plaintiff's expert claimed that it was an electrical burn from a damaged instrument cord that was improperly draped on the patient's skin. The defense claimed that the burn resulted from hot liquid that drained from an instrument and dripped onto the patient's skin. Injuries of this type were described in the medical literature several years after this surgery but were not well known on the date at issue. The court granted a directed verdict for our client on the fourth day of trial after the plaintiff's expert failed to offer sufficient criticism of him.

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