After a four-day trial and almost five hours of jury deliberation, John Peterson and Meredith Brebner obtained a defense verdict.
Plaintiff filed a $2,050,000 lawsuit against Defendant pathologist and co-Defendant hospital. Mr. Peterson and Ms. Brebner represented the pathologist. The hospital was a named defendant based on Plaintiff’s allegation that it employed the pathologist and was responsible for the pathologist’s alleged negligence.
Plaintiff alleged that the pathologist misdiagnosed a skin cancer leading to otherwise unnecessary surgery that caused a nerve injury. Plaintiff argued to the jury that a simple stain applied to the pathology slides would have led to the correct diagnosis and obviated the need for surgery. Mr. Peterson and Ms. Brebner presented expert evidence that the standard of care did not require additional diagnostic considerations by the pathologist, and that the correct diagnosis would have necessitated the same or similar surgical treatment and the resultant nerve injury.
John Peterson and Meredith Brebner tried this case in a Virginia Circuit Court from September 12-15, 2016. After almost five hours of deliberation, the jury returned a verdict in favor of the pathologist and the hospital.