Todd W. Smyth Obtains Defense Verdict on Behalf of an Orthopedic Surgeon in Laurens, SC

On March 14, 2013, IADC member Todd W. Smyth, along with fellow Smyth Whitley, LLC attorney Joshua S. Whitley, obtained a defense verdict on behalf of an orthopedic surgeon and his medical practice in Laurens, South Carolina.

The case was tried before the Hon. Edward G. Welmaker. The case was brought by a 49 year-old female patient who experienced a deep vein thrombosis (DVT) and pulmonary embolus (PE) following arthroscopic knee surgery. The plaintiff alleged that because she had experienced a prior pulmonary embolism 15 years earlier while on oral contraceptives, was overweight, over 40 years old and inactive, she should have received anti-coagulation following the surgery, and/or other prophylactic measures to reduce the risk of forming blood clots. She further alleged that the physician was negligent in not diagnosing her blood clot sooner. The plaintiff claimed that as a result of the incident, she required the insertion of a Greenfield filter in her vena cava, lifetime usage of Coumadin and was disabled. In closing statements, plaintiff's counsel asked for $1,400,000, plus punitive damages.

In response, the defense countered that it is not the standard of care to place patients on prophylaxis following arthroscopic knee surgery and that because the surgery also involved the use of the microfracture technique to treat her arthritis, that anti-coagulation was contraindicated due to the greater risk of bleeding. The defense also presented evidence that the plaintiff's prior pulmonary ebolus did not change her risk factors for developing a clot, and that, following the surgery, it was determined that the plaintiff had a genetic mutation which caused her blood to clot more readily than normal. The defense also challenged the plaintiff's claim that she was disabled as a result of this incident by presenting evidence that she had multiple other co-morbidities to include ankylosing spondylitis, fibromyalgia, obesity, diabetes and degenerative arthritis which were the true cause of her debility.

The case was tried over 4 days and the jury of 12 returned a unanimous verdict in favor of the physician and his medical practice.