$2.5 MILLION VERDICT IN PHILADELPHIA MEDMAL DEATH CASE
A twelve person jury in the U.S District Court in Philadelphia on January 16, 2009 awarded $2.5 Million to Mr. Jerry Kurchner against Temple University Hospital and the operating surgeon, Dr. Harbison arising from their medical malpractice that led to the death of Mr. Kurchner's seventy-four year old wife.
Mrs. Kurchner underwent an elective laparoscopic hernia repair. Unfortunately, Dr. Harbison perforated her bowel during the April 29, 2004 surgery. The defendant admitted on cross-examination that he elected not to re-examine the bowel at the end of the operation. Both the plaintiff and defense experts agreed that the failure to re-examine was a breach in the standard of care. After the procedure into the weekend when Dr. Harbison was away, the doctors at the hospital failed to properly interpret her clinical signs & symptoms, and her lab results. The two bowel perforations were only found four days later – when fecal material poured out of the laparoscopic port sites on May 4, 2004. By that time all attempts to save her life would prove unsuccessful. She still suffered for eight months from the devastating sepsis and other complications from her consequent fecal peritonitis.
The case tried by Pomerantz Perlberger & Lewis' lead counsel, Norman Perlberger with assistance by his partner, Eliot H. Lewis lasted five days. After the jury's decision on February 3, 2009, Judge Rufe molded the verdict to include delay damages. The verdict, expected to be appealed, now stands at $2,859,794.52..
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