WTO defends the appeal of a 2011 medical malpractice jury verdict
The Wheeler Trigg O'Donnell team of John Fitzpatrick, LaMar Jost, and paralegal Melia Danielson obtained a victory for Washington Hospital Center in the District of Columbia Court of Appeals. The appeal arose out of a case that the team tried and won in the District of Columbia Superior Court in 2011 involving a premature baby who suffered a hemorrhage shortly after birth that resulted in brain damage.
On appeal, the plaintiff argued the Superior Court erred in allowing the hospital's pediatric neurologist to testify (1) on issues of standard of care, even though he had only been designated as a causation expert, and (2) about medical literature that had not been disclosed prior to trial and which WTO admitted into evidence through the plaintiff's experts under the learned-treatise exception to the hearsay rule. The plaintiff also argued that the trial judge prejudiced her case by yelling at an expert during WTO's cross examination.
Following the arguments WTO advanced in its brief and at oral argument, the D.C. Court of Appeals rejected each of the plaintiff's arguments and affirmed the 2011 verdict.