By eliciting detailed testimony from expert witnesses, Eugene P. Feeney and Noah E. Katz were able to persuade a jury to quickly deliver a verdict favoring their client, an orthopedic surgeon, on November 5, 2012, in the Monroe County Court of Common Pleas.
The plaintiffs, a husband and wife, charged that the surgeon had failed to timely diagnose and treat an infection in the wife's knee. They alleged that the failure led to irreparable bone damage and the need for knee-replacement surgery. The couple made claims related to medical expenses, pain, discomfort, loss of employment and future earning capacity, and loss of consortium by the husband.
The plaintiffs' attorneys presented the testimony of five expert witnesses in their effort to persuade the jury that the surgeon's care had been lacking. However, Mr. Feeney and Mr. Katz needed only three expert witnesses to persuade jurors that their client's treatment was well within the standard of care. The testimony they presented showed the treatment he provided to be meticulous, thorough, and well-documented.
Following a five-day trial and approximately an hour of deliberation, the jury rejected all of the plaintiffs' claims.
Mr. Feeney is a partner and Mr. Katz an associate in Weber Gallagher's Medical Professional Liability practice. Both are resident in the Scranton office. Mr. Feeney, who has more than two decades' experience defending the interests of physicians and health care organizations throughout eastern Pennsylvania, can be contacted at 570.961.2120 or firstname.lastname@example.org. Mr. Katz can be reached at 570.961.2706 or email@example.com.