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Jury Verdict

Steven J. Hupp

Ronald A. Margolis

Last week, Steven Hupp and Ronald Margolis obtained a Defense Verdict in a medical malpractice case tried in Mahoning County Common Pleas Court.

Plaintiff underwent laparoscopic surgery for pelvic floor prolapse. During insufflation of the abdomen with the Veress needle her aorta was punctured, resulting in blood loss, conversion to open procedure and an aortic repair.

Plaintiff’s expert from Georgetown University testified the aortic puncture was caused by substandard surgical technique. Specifically, Plaintiff’s expert was critical of the surgeon’s second attempt at placing the Veress needle after the first attempt failed.

The defense expert from Weil Cornell Medical Center testified the injury is a known and recognized complication of the surgery and as in this case occurs without surgical negligence. The defense expert testified that there was no reason for the surgeon not to make a second attempt at Veress needle placement.

The jury returned their verdict within 1 hour of deliberations.