After a lengthy eight-day trial, Smith Haughey shareholders Laura Johnson and Chris Berry secured a unanimous defense verdict on behalf of a local obstetrician facing a medical malpractice claim.
The plaintiff alleged the physician gave inappropriate medical advice during a phone consultation. The patient had called the OB office’s after-hours line reporting she was in labor and having contractions. The defendant presented two options: come to the hospital’s triage unit for evaluation or remain at home until contractions became more regular. The patient chose to continue laboring at home and expressly said she was comfortable with this plan.
Shortly after the call, the patient began to hemorrhage and called 911. The patient told the first responders she wanted to go to the hospital in Grand Rapids, not the closer hospital in Muskegon. The transfer was approved by a physician from the nearest hospital, as the patient’s vitals were stable at the time.
Upon arrival at the requested facility, where the defendant obstetrician was on call, it was immediately apparent the baby was in distress. The defendant obstetrician responded immediately and delivered the baby, via emergency cesarean section, 8 minutes after the c-section was ordered. Tragically, the infant sustained brain injuries and passed away at age 2 ½.
The plaintiff argued the defendant obstetrician should have instructed the patient to proceed immediately to the nearest emergency room—despite the fact that, at the time of the phone call, the only complaint was contractions. She was not bleeding at the time of the call. However, the patient claimed at trial that she told the defendant obstetrician she was having sharp abdominal pain between contractions. This claim was not substantiated by any direct or circumstantial evidence.
Laura and Chris successfully demonstrated that had the patient told the defendant obstetrician of this complaint, it would have substantially altered the physician’s medical advice. Furthermore, once the hemorrhaging began, the defendant was not contacted again and had no role in approving the transport to a farther hospital. Had she been involved; she would have directed transport to the nearest facility.
Plaintiff asked the jury for $42 million in non-economic damages. The Muskegon County jury unanimously rejected this demand and ruled in favor of the defendant obstetrician after just 38 minutes of deliberation
This favorable verdict highlights the skill and dedication that Laura and Chris brought to the case. Though Laura has tried many cases, this trial marked her first appearance as lead counsel.
“Not only is this a huge win for my client, but it’s also a huge win for myself and this firm,” said Johnson. “This case, like so many others, proves that we are the premier firm for medical malpractice defense—and we will not stop until we’ve done everything we can to help our clients win.”
Through meticulous preparation and consultation with top medical experts, the team was able to clearly demonstrate the absence of negligence.
“We have a remarkable new generation of attorneys stepping up as others prepare for retirement,” added Berry. “Smith Haughey continues to grow and invest in the strongest legal talent, ensuring we remain the best at what we do.”
