Hagwood Adelman Tipton PC Obtain a Defense Verdict in Mississippi Arbitration
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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