Joseph Alexander Obtains Unanimous Defense Verdict After Only 40 Minutes of Deliberation
In May 2019, Joseph Alexander obtained a unanimous defense verdict in Queens County against claims that a failure to drain a post-operative hematoma in a 43-year-old following a weight loss surgery (sleeve gastrectomy), resulted in the hematoma compressing the sleeve, breaking down the staple line, causing a gastric leak, abscess formation and the need for 30 subsequent procedures, including finally a complete gastrectomy. Plaintiff’s counsel recommended that the jury award $5 million in damages. However, evaluation of the patients post-operative course indicated she was experiencing normal post-operative signs and symptoms, which were not consistent with plaintiff’s expert’s theory and the post-operative hematoma and subsequent leak were unrelated. The jury agreed and returned a unanimous verdict in 40 minutes.
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