Neil B. Ptashnik Secured Discontinuance with Prejudice During Trial

Senior Trial Partner, Neil B. Ptashnik, secured a discontinuance with prejudice during trial on behalf of VLMM’s client, an orthopedic surgeon, in a high-exposure medical malpractice and wrongful death case of 39-year-old high-earning bank executive and mother of two small children.

It was claimed that VLMM’s client did not properly assess the decedent’s risk of the development of deep vein thrombosis (DVT) and pulmonary embolism (PE) as a result of an injury she sustained while playing basketball where she completely tore her anterior cruciate ligament, fractured her lateral tibial condyle, and suffered a contusion of the lateral femoral condyle. It was alleged that our client failed to appreciate symptoms of DVT/PE, as well as the decedent’s history of being on birth control pills, borderline obesity and recent inactivity due to her injury.

Over two weeks after presenting to our client, the decedent presented to the co-defendant hospital and was examined by the co-defendant emergency department physician. She complained of right flank pain exacerbated by deep inspiration. A CT scan of the chest, abdomen and pelvis interpreted by the co-defendant radiologist showed some infiltration of the lungs. An ultrasound was recommended but not performed. The decedent was discharged without further work-up. The decedent collapsed at home four days later.

Mr. Ptashnik retained both orthopedic and vascular surgery experts for trial who found the case defensible as to VLMM’s client and were prepared to testify that the decedent had no signs or symptoms of DVT/PE when she treated with our client, which developed acutely over two weeks later when she presented to the co-defendant hospital.

During settlement discussions both pre-trial and during trial Mr. Ptashnik was pressured by the Court and all parties to contribute to a settlement despite the case being defensible as to his client. Despite the pressure, and standing on principle, he did not fold. A global settlement was reached between the plaintiff and the co-defendants in the amount of $5.9 Million. Realizing he had no case, rather than continue against VLMM’s client, plaintiff’s counsel discontinued, with prejudice.