Morrison Mahoney Partner Noel Dumas recently obtained a defense verdict following a three and a half week trial in Franklin County Superior Court.
The case involved the death of a 36-year-old woman from pulmonary embolism. The plaintiffs, the decedent's husband and two children, alleged that the decedent died as a result of the defendant, a nurse practitioner, failing to diagnose pulmonary embolism during several office visits with complaints of shortness of breath. The plaintiffs further alleged that the decedent was at an increased risk of blood clot/pulmonary embolism as a result of progesterone cream prescribed to the decedent by the defendant.
This was a significant exposure case given the age of the decedent and the very sad loss for her husband and children. Plaintiffs' counsel heavily relied upon the so-called "reptile theory," which despite being precluded through motions in limine, was heavily referenced throughout trial. The jury deliberated for three days before returning a defense verdict on behalf of the defendant.