Medical Malpractice defense verdict Spivey v. Douglas, Case No. 190300289, Third District Court, Tooele County, Judge Teresa Welch.

This is the first of several backlogged cases that I need to report on. Hopefully, this will be all caught up by the end of the week. I hope you are all well and that you are ready for the summer!

On March 17, 2023, a jury returned a verdict in favor of John Douglas, D.O. and Chad Jarvis, P.A. finding that neither medical provider breached the standard of care in their treatment of Devan Spivey.

Plaintiffs alleged that Dr. Douglas failed to diagnose a staph infection in Devan Spivey’s knee that caused him to require surgery and have dead portions of bone removed from his knee. Devan has ongoing physical complaints, limitations, and loss of earning capacity. 

Plaintiffs’ experts included: Dr. Samuel Linford (orthopedic surgeon), Dr. Brian Blackburn (infectious disease), Lisa Turner (physician assistant), Judy Metekingi (life care planner), and Rick Hoffman (economist).  

Defendants’ experts included: Dr. Charles Beck (orthopedic surgeon), Jared Spackman (Physician Assistant), Bart Fotheringham (Physical Medicine and Rehab), and Tyler Bowles (economist). 

Case materials are available here:

Docket – Spivey v. Douglas – Docket
Complaint – Spivey v. Douglas – Complaint
Answer – Spivey v. Douglas – Answer to Complaint
Opening Jury Instructions – Spivey v. Douglas – Proposed_Stipulated_Jury_Instructions_Opening
Closing Jury Instructions – Spivey v. Douglas – Proposed_Stipulated_Jury_Instructions_Closing
Jury Verdict – Spivey v. Douglas – Final Verdict

Defendants were represented by Dave and Scott Epperson. I think it is appropriate to tip our hats to the Eppersons for their recent string of trial wins. Congratulations to you both.

Salt Lake Medical Malpractice Attorney Blog