Messner Reeves congratulates partner attorneys Bruce A. Montoya and Kate A. Bailey on their recent win in a Colorado medical malpractice jury trial.
Overview
Attorneys: Bruce A. Montoya and Kate A. Bailey
Office: Greenwood Village, Colorado
Venue: Eighteenth Judicial District Court, Colorado
Messner Reeves proudly announces that partners Bruce A. Montoya and Kate A. Bailey secured a trial verdict in favor of their physician client.
The defendant, a local trauma surgeon, performed a laparoscopic cholecystectomy (removal of the gallbladder via laparoscope) on the plaintiff’s now-deceased husband. The plaintiff alleged that the surgeon failed to properly inform the decedent of the risks of a procedure because the patient was taking antiplatelet medication and, as a Jehovah’s Witness, could not receive blood product.
The plaintiff further alleged that when the defendant encountered significant bleeding during the surgery, she was negligent by failing to:
- Follow the durable medical power of attorney
- Promptly call for a cell salvage device
- Promptly call for surgical assistance
- Utilize all available non-blood products
The plaintiff, represented by five different attorneys from around the country, alleged damages of $1,000,000, with a final pre-trial demand of $949,999. The defendant did not make any offers before trial.
Messner Reeves attorneys prevailed in court by using their legal expertise and medical expert to establish that:
- There were indications to proceed with surgery
- The decedent was adequately informed of the procedure’s risks, including the rare chance of bleeding. In addition, the medication decedent was on was not a contraindication for surgery.
- The significant bleeding encountered by the defendant during the procedure was due to a rare but unforeseeable anatomical variation.
- The defendant timely took all necessary and appropriate steps to manage the bleeding.
- The defendant utilized all available means while respecting the decedent’s religious wishes not to receive blood products.
- The cause of the decedent’s death was his refusal of blood products and not any action or inaction by the surgeon.
This case went to trial on August 15, 2022, in the Eighteenth Judicial District Court of Colorado, with the Honorable Judge Elizabeth Beebe Volz presiding. It ended on August 22, 2022, with a verdict in favor of the defendant.
Congratulations to Bruce and Kate, whose hard work resulted in a significant win for their client!
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