The trial team of Ryan Luna, Karen Tucker and Win Stuardi recently obtained a defense verdict in Mobile County for a local hospital in a medical malpractice case arising out of the deaths of premature twins. In the lawsuit, the plaintiff alleged that the twins’ deaths were caused by the negligence of the emergency department nurses in failing to properly assess and diagnose her with an infection. She also asserted personal injury claims on her own behalf as well as mental anguish based on the death of the twins. At trial, the hospital established, through well-developed testimony from the plaintiff’s treating physicians and retained experts, that the twins’ deaths were not caused by any breach of the standard of care by the hospital nurses, but instead were the unfortunate but unavoidable consequence of early preterm labor. In closing, the plaintiff requested over $20 million; however, the testimony from the treating physicians and retained experts was sufficient to overcome the plea to the jury’s emotions and a defense verdict was rendered after less than an hour of deliberation.
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