January 16, 2007 : Samuel H. Foreman Gains Defense Verdict in Medical Professional Liability Trial
After two hours of deliberation, a Mercer County, Pennsylvania jury returned an unanimous defense verdict on January 11, 2007 in favor of a urologist sued for medical malpractice. Pittsburgh-based partner Samuel H. Foreman represented the doctor.
The minor plaintiff was born in 1989 with an undescended right testicle. He was referred at age 3 to the urologist, who monitored the child for two years before deciding that surgery was necessary. The doctor performed an orchiopexy, in which the spermatic cord of the right testicle is freed up and mobilized to provide additional length to lower the testicle into the scrotum, where it is sutured in place.
Seven years later, at age 12, the minor presented with a testicle that was once again out of position. He was sent by the urologist to Children's Hospital of Pittsburgh, where a pediatric urologist performed exploratory surgery and determined that the right testicle should be removed. The pediatric surgeon obtained the father's consent intraoperatively. The minor and his parents sued, alleging the first urologist should have performed surgery sooner, that he used an improper surgical technique, and that he did not adequately examine or monitor the minor's condition.
In his closing, Mr. Foreman explained the complex chain of non-negligent events to the jury. The jury agreed that the urologist's conduct was not tortious.
File Under: Results, Medical Professional Liability, Samuel H. Foreman