Cleveland Team Secures Unanimous Defense Verdict in Multimillion-Dollar Medical Malpractice Wrongful Death Suit
Cleveland, Ohio (October 25, 2022) - Cleveland Partners Ryan K. Rubin and Tera Sherman Edwards secured a significant victory on behalf of a hospital, an individually-named cardiologist, and his employer in a wrongful death action - involving a $15 million jury demand - when a jury in Lorain County, Ohio returned a unanimous defense verdict. In this medical malpractice case, the plaintiff alleged that Lewis Brisbois’ clients failed to timely diagnose and treat a pulmonary embolism, which resulted in the death of a 51-year-old married woman with three children. The case proceeded to trial.
At the close of the plaintiff’s case in chief, Lewis Brisbois moved for a directed verdict on behalf of its three clients. The court denied the motion as to the individually-named cardiologist and his employer. However, it granted the motion as to the hospital, concluding that the plaintiff failed to present any legally sufficient evidence to show that the hospital could be liable. In doing so, the court effectively eliminated any agency by estoppel claim for the two co-defendants. At the close of the two-week trial, the jury returned a unanimous verdict in favor of the remaining defendants.
Mr. Rubin is a member of Lewis Brisbois’ Healthcare, Corporate, and Products Liability Practices, among others. For two decades, he has represented individuals and corporations in a variety of matters, including complex business litigation, medical negligence actions, professional liability cases, as well as matters involving catastrophic injuries.
Ms. Edwards is a member of Lewis Brisbois’ General Liability Practice. She has a successful track record of representing clients in matters involving business disputes, trucking and transportation, general liability, insurance defense, professional liability, catastrophic injuries, insurance matters, premise liability, employment, and products liability.