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December 3, 2019
Jury Returns Defendant’s Verdict in Motorcycle Accident Trial

Frederick J. Trotta, Sr. recently obtained a defendant’s verdict on behalf of an emergency medicine physician in a wrongful death medical malpractice action tried to a jury in New London. The plaintiff in this action was the Estate of a 55-year-old male who had lost control of his motorcycle and crashed into an oncoming SUV on August 9, 2015.

The decedent had been conscious at the scene and transported via ambulance to a local hospital emergency department. He was critical on arrival and was attended to by our client, an emergency medicine physician. Blood and fluid orders were placed, and a surgical consult was requested. A CT scan was performed to determine the full extent of the decedent’s injuries. Based on the scan results, our physician determined transfer would be appropriate.

The decedent continued to decompensate and despite vigorous efforts succumbed while waiting for transfer.

The decedent’s Estate brought suit against the emergency medicine physician, the general surgeon, and the Hospital, seeking to recover approximately $500,000 in economic damages and significant noneconomic damages. Following mediation and prior to trial the Plaintiff withdrew its claims against the Hospital and the general surgeon.

The plaintiff alleged the emergency medicine physician deviated from the standard of care by failing to conduct diagnostic tests at the decedent’s bedside and by failing to transfer the decedent immediately upon arrival.

In response, Fred argued the emergency medicine physician met the standard of care by conducting a thorough primary and secondary survey, ordered appropriate fluid resuscitation.

Fred further argued that the decedent’s death was caused by injuries he sustained as a result of the motorcycle crash and not by any alleged actions of the client.

Following ten days of evidence and one day of deliberation the jury returned a verdict in favor of the defendant.

Fred Trotta was assisted by Logan Carducci through the entire trial.

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Frederick J. Trotta, Sr.
Logan A. Carducci
Litigation & Dispute Resolution
Medical Malpractice