This listing includes certain litigation, arbitration, and appeal activities recently handled by the Kitch firm.
Wasung and Perne Receive Defense Verdict for Two Ohio Doctors
On August 15, 2008, John Wasung and Lori Perne received a defense verdict for two gynecologists. The case involved an alleged failure to both diagnose and treat cervical cancer and then make appropriate referral, in 28 year old. The plaintiff asserted this resulted in a need for radical hysterectomy and radiation therapy, causing infertility, early onset menopause, and decreased chance of survival. The four day trial took place in a Lucas County, Ohio court.
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Gerbitz Wins a Defense Verdict in Medical Malpractice Case Trial
On August 21, 2007, Sara Mae Gerbitz received a defense verdict on behalf of a anesthesiologist/pain management specialist in Wayne County Circuit Court. This case involved an alleged failure to timely diagnose a known complication of a cervical epidural steroidal injection which plaintiff claimed caused her spinal injuries. The jury returned a unanimous verdict after a six day trial.
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Ralph Valitutti Receives Defense Verdict in Wrongful Death Case
The Kitch firm received a defense verdict for a wrongful death claim against a western Michigan Hospital. The patient died while giving birth to twins and the plaintiff contended that the patient died of an unknown amount of Bupivacaine, which allegedly went intravascular during epidural anesthesia. The defense's position was that the patient’s death was caused by an amniotic fluid embolism. The case was handled by Kitch firm attorneys Ralph Valitutti and Christina Doyle.
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Daniel Shirey Wins Defense Verdict in Medical Malpractice Trial
On May 14, 2007, Daniel Shirey, assisted by Joe LaBella, won a defense verdict on behalf of Dr. Anna Ledgerwood and Harper-Hutzel Hospital. Plaintiff alleged medical malpractice related to the surgical removal of 10 inches of a thrombotic right forearm vein, resulting in reflex sympathetic dystrophy and a right hand contracture. Plaintiff claimed total and permanent disability, and $75,000 per year wage loss for 31 years. The jury returned its verdict in 65 minutes, following a one-week trial in Wayne County Circuit Court.
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Valitutti and MacGregor Receive Defense Verdict for Hospital
A complex slip-and-fall claim of an anesthesiologist against Marquette General Hospital was tried to a jury in Marquette County on April 20, 2007. Plaintiff claimed loss of livelihood due to complications that occurred during surgical repair of shoulder injury, and sought $6 million in damages. Jury found no negligence after just three hours of deliberation.
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Martin and Chaklos Win a Defense Verdict in Medical Malpractice Trial
Barbara Martin and Bill Chaklos teamed together to achieve a defense verdict on behalf of a gynecologist and Harper-Hutzel Hospital, in Wayne County Circuit Court on March 4, 2008. The case involved an alleged failure to find a defect caused during a salpingo-oophorectomy. A defense verdict was received after a six day trial.
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Valitutti and MacGregor Receive Defense Verdict in Medical Malpractice Trial
On July 23, 2008, Ralph Valitutti and Susan MacGregor received a defense verdict in the in the U.S. District Court, Western District of Michigan, Northern Division. The case arose out of the performance of laser treatment for removal of facial veins by a laser technician without the physician being present in the room or the building with equipment approved by the FDA only for hair removal. The procedure was uneventful but the plaintiff claimed post-procedure injury. The plaintiff argued, among other things, that Michigan law requires that a medical doctor be in the room during such a procedure, that the technician used inappropriate settings resulting in serious injury, and that the patient did not give informed consent. The jurors took approximately thirty to forty-five minutes to come back with their verdict in favor of the defendants.
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Wasung Receives Defense Verdict In Ohio Medical Malpractice Trial
On April 4, 2007, a Lucas County, Ohio, jury returned a defense verdict in favor of a local hospital. The patient, a husband and father in his 40s, alleged failure to use DVT prophylaxis during and after a 61/2 hour abdominal surgery, resulting in a subsequent massive pulmonary embolus. Damages alleged included blindness, cognitive brain damage, and personality change, leaving the plaintiff unemployable and disabled. The case was handled by Kitch firm attorneys John S. Wasung and Anne M. Brossia.
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Wasung and Brossia Win Defense Verdict In Ohio Medical Malpractice Trial
On May 28, 2008, a two day trial in front of a Richland County, Ohio, jury returned a defense verdict in favor of a local hospital. Plaintiff alleged multiple injuries when during a cardiac catheterization procedure an IV pole and pump toppled onto the patient. Plaintiff claimed neck, breast and shoulder injuries, exacerbated by anticoagulants she was being administered; plaintiff counsel asked for $100,000 in closing. The jury came back with a verdict of no negligence after 1 hour and 10 minutes of deliberations. The case was handled by Kitch firm attorneys John S. Wasung and Anne M. Brossia.
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Wasung and Perne Win Defense Verdict in Ohio Medical Malpractice Trial
On June 13, 2008 John Wasung and Lori Perne tried a professional liability case on behalf of an Ohio physician. The plaintiff alleged that defendant physician failed to complete the initiated surgery, and failed to take additional necessary steps to identify and remove the left ovary, which was not identified in the pelvic cavity. The plaintiff also alleged that the doctor undertook a course of misdirection and deception in follow-up work-up, ordering inappropriate and unnecessary tests in search for other causes of her continued complaints of pain. The jury returned a verdict of no negligence after just over an hour of deliberations.
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