On April 4, 2019, after 3+ years of litigation, DPLLP Partners Loren Schwartz and Matthew Cody obtained a $700,000.00 verdict on behalf of one of the firm’s clients in a hotly contested medical malpractice matter.
In March of 2015, the plaintiff in the lawsuit sustained a perforated eardrum and permanent hearing loss in her left ear after a resident physician at UC Davis had attempted to perform an irrigation of the ear. The defendants in the case denied liability throughout, arguing that perforation was an accepted risk of the procedure and that even if Plaintiff had sustained a perforated eardrum, the physician who performed the procedure was not at fault.
Through the course of discovery, DPLLP was able to uncover evidence that the procedure used by the resident failed to comply with UC Davis’ own Patient Care Standards relating to the performance of ear irrigations. At trial, Defendants continued to deny liability, arguing that those standards applied to nurses and medical assistants but not to physicians.
After one day of deliberations, the jury returned a unanimous 12-0 verdict for the Plaintiff in the amount of $700,000.00. This money should help ensure that DPLLP’s injured client has access to top-of-the-line hearing aid technology for the rest of her life.