A RECORD SETTING VERDICT IN LEE COUNTY

Dear  NONE,

A Lee County jury returned a verdict of $6,000,000.00 in a medical malpractice case last Friday.  The case was tried by David Marsh and Nat Bryan of Marsh, Rickard & Bryan.

The case centered on a radiologist's failure to diagnose and report a facet fracture of the cervical spine in a CT imaging study.  Because the facet fracture went undiagnosed, the plaintff was released from the hospital with an unstable neck and allowed to ride more than 300 miles to her home outside Jacksonville, Florida.  On the way, the vertebrae in her neck shifted and although the plaintiff underwent surgery at the Mayo Clinic in Jacksonville, the result was incomplete quadriplegia.  The plaintiff was 79 years old at the time of the incident and 81 years old at the time of trial.

David's cross-examination of the radiologist was particularly effective.  The radiologist admitted that the facet fracture was evident on the CT, it was a clear finding and that her report contained critical errors.  The doctor also admitted during cross-examination that all of the appropriate studies were ordered.

During closing arguments, both David and Nat emphasized personal reponsibility and the need for the radiologist to accept responsibility for her medical error and stop blaming others.

David and Nat were assisted in this case by Susan Silvernail, who handled the radiolgoical imaging software during the trial, and produced a "Day in the Life" video, which was shown to the jury.

After the verdict but before judgment was entered, the parties entered into a settlement so no appeal of the verdict will be taken.