Payne v. Emlich – Defense Verdict

Pat Smith and Kevin Popham successfully defended a Gastroenterologist against allegations of medical negligence involving the dislodgment of a Percutaneous Endoscopic Gastrostomy Tube.  Plaintiffs alleged that the failure to timely re-insert the PEG tube or to place a nasogastric tube to suction resulted in stomach contents spilling into the patient’s peritoneal cavity causing acute peritonitis and a resultant 7 month rehabilitation and over $600,000 in medical bills.  The theory of our defense was that the hole through the stomach wall, which Plaintiffs alleged was the route of contamination of the peritoneal cavity, closed within hours of the PEG tube dislodgement and that the source of the peritonitis was enteral feedings through the PEG tube before it was discovered to have been dislodged.   The jury returned an 8-0 defense verdict after 40 minutes of deliberation.

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