Jeff Ryan, with assistance from associate Brenton Buckles, successfully defended a local general surgeon in a case involving post-bariatric surgery complications. Plaintiff claimed that she suffered from Wernicke’s encephalopathy, a rare condition caused by a thiamine deficiency that is characterized by a classic triad of symptoms: ophthalmoplegia, ataxia, and confusion. It was alleged that Plaintiff developed this condition because our client failed to properly recognize and treat a thiamine deficiency.
Our doctor successfully performed a robot-assisted sleeve gastrectomy. Over the course of the next several months, the patient suffered from known complications including nausea and vomiting. Our client recognized the thiamine deficiency when Plaintiff first presented with symptoms, and proceeded to order the correct testing and began treatment. Our client was confident that Plaintiff was treated successfully considering follow-up lab results indicated a high level of thiamine.
Plaintiff’s expert neurologist was the only physician to “diagnose” Plaintiff with Wernicke’s encephalopathy. Jeff Ryan was able to prove to the jury that no independent medical provider, including Plaintiff’s treating neurologist, had ever suspected or diagnosed Plaintiff with Wernicke’s encephalopathy or other permanent deficits. Further, Jeff Ryan and our defense expert neurologist established that Plaintiff’s alleged injuries were unrelated and/or non-existent, successfully refuting that Plaintiff suffered from any of the classic triad of symptoms as a result of the alleged negligence.
Damages claimed and asked for in front of the jury were over $4 million. The jury deliberated for less than an hour and returned a defense verdict, recognizing that our client met and exceeded the standard of care at all times.
Attorneys: Jeffrey W. Ryan; Brenton Buckles