DEFENSE VERDICT – MEDICAL MALPRACTICE – Douglas Perry

Doug Perry obtained a defense verdict in the Supreme Court, Suffolk County, on April 25, 2025, in a case involving allegations of negligent post-operative care following spine surgery resulting in wrongful death from what was conceded to have been a pulmonary embolism. The verdict was obtained on behalf of our client, a Board Certified Orthopedist who specializes in spine surgery and who rendered treatment to the 38-year-old plaintiff. The case involved an alleged failure of our client to timely recognize the early signs of a pulmonary embolism, including deep vein thrombosis and breathing difficulties. Plaintiff’s expert, a board-certified cardiologist, testified that the defendant deviated from the standard of care in failing to refer the decedent to the emergency room at a post-operative visit where the decedent exhibited signs of lightheadedness and a near-fainting episode to the point where he required the use of smelling salts to address the symptoms. Additional allegations included the failure to take the plaintiff’s blood pressure and evaluate his vital signs. The defendant’s expert opined that the symptoms were readily explainable by the fact that the episode occurred following the removal of surgical staples and, as consistent with a vasovagal episode. The plaintiff succumbed to the PE some 6-7 hours later, with the decedent’s family members denying that he exhibited any signs of shortness of breath or complaints of leg pain following discharge from the defendant’s office. After deliberating for a little more than 4 hours, the jury returned a unanimous verdict in favor of our client. The trial took place before the Hon. Joseph Farneti in the Supreme Court, Suffolk County over a period of seven days.