Results Matter Experience Matters
Steve J. Hupp
Ronald A. Margolis
Hupp Margolis & Leak is a boutique defense trial and appellate law firm with over 100 years of experience. As a result, we have a 98% success rate in excess of a combined 300 verdicts throughout the United States. Our relationships with experts throughout the United States, involving all areas of medical sub specialization, provides our clients with the distinct advantage in defending their care. All our trials incorporate digital presentation with experienced trial techs that are able to create demonstrative exhibits in real time. This has been required during trial, providing the jury with an easy-to-follow summary and timeline effective in furthering the defense. We are proud to have an Appellate practice throughout the State of Ohio. When other firms require Appellate Counsel, we are the firm they contact. We look forward to bringing the full resources of our trial and appellate expertise to represent your client.
Jury Verdict
This week Steven Hupp and Ronald Margolis obtained a Defense Verdict in a medical malpractice case tried in the Mahoning County Common Pleas Court.
The case involved the death of a 58-year-old married male from Endocarditis. Our clients were two Emergency Medicine physicians and an E.M. Physician's Assistant. On October 4th, the patient had a fever and was tachycardic while at the Cancer Center for an iron infusion. A blood culture was performed on October 4th, which was returned as positive for bacteremia the next day.
The plaintiff presented to the ER on October 5th with a change of mental status. He had the classic signs and symptoms for a UTI, which was diagnosed in the ER. He was started on antibiotics and was admitted into the hospital. A urine culture was performed in the ER. This culture was finalized two days later and showed MSSA Staph Aureus. However, the plaintiff's Staph Endocarditis was not diagnosed for five days, causing his death.
The allegations against our defendants concerned the failure to act on the positive blood culture which the co-defendant Cancer Treatment Center, allegedly sent per FAX and telephone call to the ER. The Emergency Medicine team did not recall the alleged phone call from co-defendant and never saw the FAX of the positive blood culture. There was no evidence in any of the St. Elizabeth medical records indicating that the patient had a positive blood culture.
We also successfully proved that a non-party Infectious Disease physician was negligent. This I.D. physician, in the face of a positive urine culture for MSSA, decided to stop all of the plaintiff's antibiotics. After his antibiotics were stopped, the plaintiff's clinical condition rapidly deteriorated and he developed clotting in his fingers, consistent with Endocarditis.
The jury unanimously entered defense verdicts for all three of our defendants, found the Cancer Center 80% responsible for his death and the non-party I.D. physician 20% responsible. The jury also unanimously awarded plaintiff $25.0 million dollars.