Court of Appeals Affirms Defense Verdict in Medical Malpractice Jury Trial

August 01, 2018

Michael O’Neill and Kelly McFadden recently prevailed in the Court of Appeals of Indiana when it affirmed the favorable jury verdict for OMW’s client, a nephrologist, in a case alleging wrongful death of an eighteen year old patient. On appeal, the plaintiff argued that the trial court abused its discretion by improperly excluding “rebuttal” testimony by a pathology expert and by striking plaintiff’s belated informed consent claim. The Court of Appeals held that the trial court’s decisions were appropriate and affirmed the favorable jury verdict. The case is Shaw v. Sundaram, ____ N.E.3d _____ (Ind. Ct. App. 2018) (2018 WL 4003009). For more information, please contact Michael O’Neill or Kelly McFadden at (219) 322-0450 or by email at [email protected], [email protected].