Margolis Edelstein attorneys, Michael Badowski and Paul Weisbein, successfully defended a physician assistant and a primary care physician and their principle Hospital, in an emotionally charged trial in Luzerne County, Pennsylvania culminating in a non-suit entered on behalf of the healthcare providers. Plaintiff, now a 34 year old man, claimed he was rendered emotionally, developmentally and mentally disabled from seizure induced brain damage allegedly caused by an overdose of an anti-asthmatic medication prescribed by our clients when Plaintiff was five years old. Under cross examination, the Plaintiff’s standard of care expert ultimately conceded that the providers used appropriate judgment in balancing the risks and benefits of the dosages employed. Plaintiff’s second standard of care expert was precluded from testifying when it was uncovered during qualification voir dire that the expert had recently been ordered by his state’s board of medicine to surrender his license for episodes of exchanging sex for drugs with patients. Additionally, the jury was directed to disregard the Plaintiff’s toxicology expert’s direct testimony when it was revealed through cross examination that the foundation of his opinions was premised upon a formulation of the medication different than that which had been prescribed by our clients. Insofar as these experts were relied upon by Plaintiff’s damages experts, they, too, were precluded as their opinions were rendered irrelevant. All tolled, five of Plaintiff’s six designated experts were excluded. Consequently, the Court was left with no choice but to dismiss the case against our clients.
The defense was prepared to present a cadre of exceptionally credentialed experts to cogently prove that Plaintiff’s life long seizure disorder and cognitive impairments were the product of the man’s markedly premature birth; having nothing to do with the asthma treatment provided by our clients.