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News
D. C. Offutt, Jr. successfully defends a Parkersburg obstetrician in a medical malpractice suit in the Circuit Court of Wood County, West Virginia.
Date: 10/1/2007
D. C. Offutt, Jr. successfully defended a Parkersburg obstetrician in a medical malpractice suit in the Circuit Court of Wood County, West Virginia. The infant plaintiff, through her parents, alleged that the physician was negligent by failing to properly manage and resolve shoulder dystocia which occurred during her birth, thereby causing permanent damage to her brachial plexus nerves and resulting limitations in the use of her dominant hand and arm. The defendant physician died due to breast cancer prior to the institution of the lawsuit, leaving her medical record as the only evidence of her care during the birth to be presented to the jury at trial. The case first went to trial in 2005 and resulted in a verdict for the plaintiff in excess of $1M. That verdict was overturned by the trial court due to errors that occurred during the trial and the case was re-tried before the same judge on September 24, 2007. At the second trial, the jury returned a unanimous verdict in favor of the estate of the deceased obstetrician.
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