Attorney Carey Secures Jury Defense Verdict in Wrongful Death Claim

Patrick C. Carey, a partner in the firm’s Scranton office, recently secured a jury defense verdict for his client physician group in a medical malpractice wrongful death survival claim.

According to the claim, a 54 year-old woman was treated at an urgent care facility.  After an abnormal EKG, she was referred to her family doctor and went home.  She passed away the next morning.  The Plaintiff’s estate filed a wrongful death claim alleging she died from cardiac arrest.

During nine days of trial, attorney Carey brought in several experts that testified that the EKG was not ischemic and that the cause of death could not be established without an autopsy, which was not performed.  The jury agreed after deliberating for 6 hours on Thanksgiving eve and returned a verdict against the Plaintiff and in favor of attorney Carey’s client.  Plaintiff’s demand prior to trial was $4.5 million.