John Wasung, Patrick Cavanaugh
John Wasung and Patrick Cavanaugh won a defense verdict in a wrongful death medical malpractice trial in Sandusky County, Ohio. The patient presented to the emergency room after a 3 wheeled cart he had been driving rolled over, pinning him underneath. Plaintiff alleged the Emergency Room physician did an incomplete evaluation, and that other physicians who were following the patient after admission to the hospital were also negligent. The patient died approximately 3 ½ days after his emergency room presentation. The coroner concluded death was caused from a thoracic spine fracture, which lacerated the aorta. The defense put on evidence that there was a thorough work up in the emergency room, the patient did not meet criteria for a trauma transfer, and that the patient did not have signs or symptoms consistent with the injury found at autopsy. Plaintiff asked the jury to award her $400,000 in closing argument. After 6 days of testimony, the jury deliberated for only 45 minutes before returning a unanimous “no negligence” verdict for all defendants.