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Moseley and Berry Obtain Defense Verdict in Superior Court of Floyd County

Brinson Askew Berry partners Stephen Moseley and Bob Berry recently obtained a defense verdict for their client, a cardiothoracic surgeon, after a six-day jury trial in the Superior Court of Floyd County.

The case involved claims of medical negligence resulting in the alleged wrongful death of a patient who underwent a laser-lead-extraction procedure in the electrophysiology (EP) lab at a local hospital.

The surgeon responded to an emergency call from the EP lab after the patient suddenly decompensated and the surgeon determined that the patient could not survive surgery due to her lack of heart function.

After heart-resuscitation efforts were unsuccessful, the patient was pronounced dead in the EP lab. The plaintiffs alleged that the cardiothoracic surgeon and the cardiologist who was performing the procedure failed to appropriately plan for the procedure before it started and failed to rescue the patient after she suffered a known complication of the procedure.