Thomas J. Hurney, Jr., Wins in Medical Malpractice Trial

On December 10, 2010, IADC member Thomas J. Hurney, Jr., Jackson Kelly PLLC, Charleston, West Virginia, won a defense verdict in medical malpractice trial for a hematologist. The plaintiff’s decedent developed massive clotting after surgery to repair an abdominal aortic aneurysm which resulted in partial paralysis, and ultimately her death. Her Estate claimed the defendant, a hematologist, failed to adequately advise counsel her about a test result positive for Protein S Deficiency, causing the decedent to fail to advise her surgeon of the clotting disorder. Consequently, plaintiff asserted the surgeon failed to take adequate precaution against clotting. The defense put on evidence that the physician’s diagnosis and advice were reasonable and that the clotting, in the aortic graft, was not due to Protein S Deficiency, which can cause clotting in the venous system. After a one week trial, the jury answered “no” on the verdict form as to negligence by the physician. Elizabeth S. Cimino was co counsel at trial.