We don’t settle your case on the courthouse steps

Every battle is won or lost before it is ever fought. We know what it takes to prevail at trial. Our reputation has been built on one of the highest win ratios in the industry. We will not settle your case on the courthouse steps. You expect your attorneys to aggressively defend your interests not only through discovery but also through the closing stage of the case – trial.

Defense Verdict!

We are pleased to announce a defense verdict in an obstetrical birth injury case for attorneys Frederick Sewards and Patrick Smith following a 2.5-week jury trial in Columbus, Ohio.  Mr. Sewards and Mr. Smith defended an obstetrician/gynecologist who directed a labor and delivery of a full-term pregnant patient.  Plaintiffs alleged that abnormalities on the fetal heart monitor strip that were ongoing for several hours required earlier delivery by C-section.  Plaintiffs’ expert witnesses claimed that the delay in delivering the child resulted in a compression or occlusion of the umbilical cord cutting blood and oxygen to the baby resulting in a permanent and severe brain injury as a result of asphyxia at or about the time of birth.

Defendants presented highly qualified expert witnesses in maternal fetal medicine and obstetrics/gynecology to demonstrate that the fetal heart monitor strips were, in fact, reassuring and did not require earlier urgent delivery by C-section.  Additionally, defense expert witnesses in neonatology, pediatric neurology and pediatric pathology further demonstrated that the cause of the brain injury was unlikely to be birth asphyxia and was most likely the result of other processes over which the obstetrician/gynecologist had no control.

The child has cerebral palsy and requires around the clock care.  Plaintiffs requested that the jury return a verdict for more than $53 million.

After lengthy deliberations, the jury concluded that the obstetrician/gynecologist was not negligent.

Unanimous Defense Verdict!

We are pleased to announce a unanimous defense verdict in a catastrophic injury case involving allegations of medical malpractice.  Attorneys Frederick A. Sewards and Patrick F. Smith defended a pulmonologist who was asked to evaluate a patient with a permanent tracheostomy who was experiencing respiratory distress.

The patient had been involved in a car accident as a teenager and suffered tracheal stenosis as a complication of her treatment.  This resulted in a permanent tracheostomy which her treating physicians were attempting to reverse and close.  The patient, at age 18, developed an obstruction of her airway and went to a small local community hospital for evaluation.  The airway obstruction could not be resolved and the defendant pulmonologist was called in to assess the airway and determine if the patient was capable to transfer to a large tertiary care center.  Unable to clear the airway, the defendant physician opted to remove the tracheostomy and intubate the patient for transport and secure her airway to avoid cardiopulmonary collapse.  The patient was successfully transferred to the tertiary care center, but a small tear of the posterior wall of her trachea was identified.  While she did well thereafter, she eventually developed a fistula between her trachea and her esophagus which required a feeding tube to be placed while the fistula (a tube-like connection between the esophagus and the trachea) was treated and resolved. 

Thereafter, a complication with the feeding tube occurred wherein her small bowel became wrapped around the tube and strangulated resulting in the removal of all but 10cm of her small bowel.  She has since been required to receive all nutrition intravenously since she no longer has adequate small bowel to digest and absorb nutrients from food orally.

On top of the patient’s numerous misfortunes, she suffered an incomplete paraplegia from her original car accident as a teenager.

The trial lasted 2.5 weeks and involved testimony of more than a dozen expert witnesses called by the plaintiff and defendant.

Despite nine different theories of negligence brought by the plaintiff against the defendant, the jury returned a verdict, after only three hours, unanimously finding in favor of the defendant pulmonologist on all allegations.

Defense Verdict!

We are pleased to announce a defense verdict in a sickle cell anemia/sickle cell crisis alleged wrongful death case for Frederick Sewards following a seven-day jury trial in Columbus, Ohio.  Mr. Sewards represented a hematologist and hematology certified nurse practitioner who were treating a hospitalized patient for sickle cell crisis.  Plaintiff claimed that the medical providers (and co-defendant medical providers) failed to properly evaluate laboratory studies and did not timely diagnose and treat bone marrow infarction occurring as a result of the sickle cell crisis.  Defendants presented highly qualified expert witnesses in hematology with particular expertise in sickle cell anemia who demonstrated that Plaintiff’s claims regarding misevaluating laboratory values were false and that there was no scientific basis to support Plaintiff’s claims.  After several hours of deliberations, the jury returned a verdict in favor of all of the defendant physicians and healthcare providers.