Defense Verdict Affirmed on Appeal

June 10, 2024

In June, 2022, Michael O’Neill and Michelle Burchett defended an orthopedic trauma surgeon and orthopedic practice in a lawsuit claiming the surgeon failed to properly treat osteomyelitis in the foot, ultimately resulting in a below the knee amputation. The Marion County Superior Court Jury returned a defense verdict despite an adverse unanimous opinion from the Medical Review Panel. The Plaintiffs appealed the verdict and OMW cross-appealed the denial of Defendants’ Trial Rule 50 Motion for Judgment on the Evidence. Mr. O’Neill and Ms. Burchett secured a favorable ruling from the Indiana Court of Appeals on December 11, 2023. The Court of Appeals rejected each of Plaintiffs’ issues on appeal and, therefore, found the cross-appeal was moot. The Plaintiffs were then unsuccessful in seeking transfer to the Indiana Supreme Court, which affirmed the opinion of the Court of Appeals on April 25, 2024.

The unpublished decision is Indiana Court of Appeals, No. 22A-CT-1594 (2003).