UNANIMOUS VERDICT IN WRONGFUL DEATH TRIAL

In June of 2023, attorney Paul Nasta obtained a defense verdict in a case involving allegations of malpractice and wrongful death. The patient was a 67-year-old female who presented to our client with severe aorto-iliac occlusive disease, which was causing symptoms including pain with walking. The patient also had an abdominal aortic aneurism with an aorta that was totally occluded. Co-morbidities in the patient included coronary artery disease and a history of three vessel coronary artery bypass graft surgery; high blood pressure; high cholesterol and triglycerides; and diabetes mellitus. The patient was also an active smoker and had been so for decades.

Our client, a vascular surgeon, scheduled an aorto-bifemoral bypass graft with repair of the aortic aneurism. Prior to the surgery, he sent the patient to the co-defendant cardiologist and the patient’s primary care physician for medical clearances. During the clearance process, the patient underwent a number of cardiac tests and was eventually cleared for surgery by both her cardiologist and internist. Immediately after the surgery, it was noted that the patient’s right leg was cold and pulseless and the patient was returned to the operating room where our client performed a jump graft. Post-operatively, the patient had respiratory difficulties and was intubated. She remained intubated and admitted to the hospital for a month when she suffered a series of cardiopulmonary arrests and passed away.

It was claimed that our surgeon improperly performed the surgery, should not have performed the surgery because it was high risk, and that he failed to obtain appropriate imaging studies prior to performing the surgery. Additionally, it was claimed that our client did not obtain a proper informed consent.

The jury rejected all plaintiff’s claims and reached a unanimous verdict in favor of our client.