Oct 29 2019

Jim Bello & Caroline Smith Obtain Defense Verdict in Plymouth Superior Court

Morrison Mahoney Partner Jim Bello and Associate Caroline Smith recently obtained a defense verdict in a wrongful death action after a 2-week trial in Plymouth Superior Court.

The Plaintiff alleged that our client, a radiologist, failed to measure and assess her cervix on an ultrasound when she was 18-weeks pregnant. About one week later, the Plaintiff lost her baby. The Plaintiff alleged that had the radiologist measured the cervix, he would have determined that the Plaintiff had an incompetent cervix and required the placement of cerclage. Had cerclage been placed, the baby would have survived.

The radiologist denied any wrongdoing. Indeed, he did measure the cervix and found it to be of normal length. In defending the case, our radiology expert opined that the cervix was of proper size. Our obstetrics expert opined that cerclage was not only unnecessary, but was also contraindicated based upon the Plaintiff’s symptoms. Under cross examination, the Plaintiff’s causation expert conceded facts that were detrimental to the Plaintiff’s case. The Plaintiff’s expert conceded that he was unable to determine if the cervix was incompetent and agreed that cerclage may have even been contraindicated under the circumstances. Moreover, plaintiff’s radiology expert acknowledged that she did not review the study under ideal circumstances, and that another reasonably qualified radiologist could possibly conclude that the cervix was indeed visible and competent.

After about an hour of deliberations, the jury returned a verdict in favor of the radiologist in this very sad case. 

 

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