It’s been dead-slow recently for medical malpractice trials. Everything that I’ve been tracking (and there were some big ones) has settled. That’s changing– four medical malpractice trials are set to go in February. Here’s a brief summary of each case. More detail will follow in the coming weeks as these cases come to trial:​

Cudney v. United States, U.S. District Court for the District of Utah, #1:17-CV-00190DBP (Magistrate Judge Dustin B. Pead).

Trial Starts: February 3rd (non-jury FTCA claim)

Counsel: Zev Gershon and Randal Getz (Baltimore, MD) for plaintiffs; Jeff Nelson, AUSA, for defendant.

Claim: Birth injury- shoulder dystocia leading to Erb’s Palsy. Very large baby- allegation is that vaginal delivery should not have been attempted.

Steadman Heirs v. McManus, Fourth District Court for Utah County, Provo Department #160400870 (Hon. James R. Taylor)

Trial Starts: February 3rd

Counsel: Bret Hanna and Rebecca Ann Royer for plaintiffs; Kurt Frankenburg for defendant.

Claim: Wrongful death action brought by the heirs of a 41-year old woman who died from respiratory-cardiac arrest. Allegation is that the defendants failed to diagnose and treat severe anemia and consequent lung injuries from transfusion.

Dowell Heirs v. University of Utah, Third District Court for Salt Lake County, #160905517 (Hon. Kara Pettit)

Trial starts: February 11th

Counsel: Mike Worel and Charlie Thronson​ for plaintiffs; Terry Rooney and Adam Sorenson for defendant.

​Claim: Catastrophic hypoxic-ischemic brain injury (stroke), and later death, of 52-year old male after minimally-invasive mitral valve repair.

Maack v. St. Mark’s Hospital, Third District Court for Salt Lake County, #180900286 (Hon. Keith Kelly).

Trial starts: February 10th.

Counsel: David Cutt and Lena Daggs for plaintiff; Tawni Anderson for St. Mark’s Hospital.

Claim: Alleged failure to timely diagnose and treat compartment syndrome in plaintiff’s right lower leg. Mr. Maack fractured his right tibia which required surgical repair, performed by an orthopedic surgeon at St. Mark’s Hospital. He later developed compartment syndrome, and claims that this was diagnosed too late to prevent permanent damage. The treating physician recently settled out, so the trial will proceed as against only the hospital.

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