Gordon Lea, Esq., partner at Lubell Rosen - A Ft. Lauderdale based Law Firm for Medical Professionals and the Healthcare Industry - on Oct. 24, 2014 succeeded in obtaining a low verdict of $40,000, while defending clients Dr. Robert Burkich and Nurse Practitioner Charity Moses in a Catoosa County, Ga. medical malpractice case. The plaintiff, Steve Gables, requested damages over $2 million.
During the trial, which took place in Ringgold, Ga., the plaintiff's counsel alleged that Dr. Burkich and Moses fell below the standard of care by prescribing Tamoxifen to the plaintiff while he was undergoing testosterone therapy. The plaintiff suffered a deep vein thrombosis (DVT) and a subsequent pulmonary embolus, resulting in his six-day hospital stay. He was unable to work for 13 weeks. The plaintiff's counsel alleged that the Tamoxifen, prescribed as an "off-label" use, was negligent and that it caused the DVT.
The defense did not offer a standard of care expert in response. Instead, the defense only offered an expert on causation. The defense called Dr. Paul Stein, one of the world's preeminent experts on DVTs and pulmonary embolisms. Dr. Stein opined that the effects of the DVT were resolved at the end of the 14-week period (hospital stay plus time off from work), and that there was no need for future medical care and treatment. Dr Stein also opined that the DVT was not caused by the Tamoxifen, but instead due to the morbid obesity of the plaintiff.
The plaintiff sought $40,000 for past medical bills and past lost wages, $1.1 million for lost earning capacity and future medical bills, and $1.1 million for pain and suffering damages. In his closing argument, Lea reminded the jury members that they weren't asked to leave their common sense at the door.
The jury awarded only $40,000 in total damages.
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