Patrick G. Vipond and Olivia R. McDowell Obtain Defense Verdict in Iowa Post-Operative Joint Infection Trial

Partner Patrick G. Vipond and Attorney Olivia R. McDowell recently obtained a defense verdict on behalf of an orthopedic hospital and its employees following a week and a half jury trial in northern Iowa. Plaintiff underwent a total knee replacement with a surgeon and PA employed by the orthopedic hospital. Following the surgery, Plaintiff developed numerous infections, ultimately resulting in an amputation of the left leg. Plaintiff alleged that a family physician, who was represented by different counsel, and the orthopedic hospital employees failed to timely recognize and treat a post-operative joint infection. Plaintiff alleged that this delay led to her amputation. Plaintiff’s counsel asked for $3,000,000 in damages for the loss of the leg. Both the family physician and orthopedic hospital presented evidence that postoperative joint infections are a known, but rare, risk of total knee replacements, and plaintiff’s development of a secondary, more severe infection caused the amputation. After less than two hours of deliberation, the jury returned a defense verdict in favor of both the family physician and the orthopedic hospital and awarded no money to the plaintiff.