Defense Verdict in Mississippi

Hagwood Adelman Tipton
attorneys, Rebecca Adelman and Peter B. Winterburn, of the Memphis office,
recently won a defense verdict in binding arbitration in a medical malpractice
case against a Grenada County nursing home tried in Mississippi.

Plaintiff, a nursing home
resident suffering from several pre-existing medical conditions, was
transferred to the hospital emergency room due to intractable back pain and
left sided abdominal pain. Plaintiff alleged that during the process of lifting
her from the bed to the ambulance stretcher, the nursing home employees used
improper equipment and techniques causing her to sustain a severe flexion
injury to the thoracic area of her back which caused paraplegia to her lower
extremities. The circumstances surrounding the transfer as well as the timing
of Plaintiff’s reported onset of her paraplegia were in sharp dispute.
Defendant presented evidence from a nursing home employee as well as from third
party witnesses present during the transfer. Defendant also relied upon medical
records evidence that tended to refute Plaintiff’s version of the onset of
paraplegia as well as any alleged trauma during the transfer to the stretcher.

Pre-arbitration demands were
substantial and rejected. Pre-mediation offers were nominal and likewise
rejected. The arbitrator found Plaintiff’s nursing standard of care expert’s
testimony to be speculative. The arbitrator heavily relied on the Defense
expert witness physician’s causation opinions over Plaintiff’s neurology
expert. The arbitrator found that Plaintiff’s physician expert failed to
establish causation as presented in Defendant’s pre-arbitration summary
judgment motions. The arbitrator found that the weight of the evidence was in
Defendant’s favor and returned a defense verdict.

Margaret
Hall v. Grace Health & Rehab of Grenada, LLC and John and Jane Does A-Z,
Grenada County, Civil Action No. 2009-151CVM

 

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