Serpe Andrews is proud to announce that following a 4-day jury trial in September, the jurors of the Sixth Judicial District Court of Grant County, New Mexico, with Judge James B. Foy presiding, rendered a defense verdict in favor of an emergency medicine physician represented by John Serpe and Taylor Taylor.
Plaintiff came to the emergency department with complaints of pain on her right side radiating down her right leg. Notably, the Plaintiff had a pre-existing boil on her left buttocks that was being treated with a course of antibiotics. Plaintiff claimed that the emergency medicine physician failed to do a proper evaluation of her and that his 5 day prescription for steroids caused her pre-existing buttock boil to develop into a deep back infection and osteomyelitis 25 days later. Plaintiff then had to undergo lengthy IV antibiotic use and IV drainage to clear the infection. Plaintiff also claimed that the 5 day prescription for steroids caused two recurrences of her infection 9 months and over a year later. Plaintiff sought damages in excess of six figures.
Mr. Serpe and Mrs. Taylor, however, showed that the emergency medicine physician’s care of Plaintiff was appropriate and addressed the patient’s stated complaints in the emergency department of back and leg pain. The Plaintiff presented with complaints related to back pain radiating down her leg. The emergency medicine physician listened to the presenting complaint, performed a targeted assessment to include and straight leg raise and reproducible pain at the sciatic notch and diagnosed the Plaintiff with sciatica. The emergency medicine physician prescribed Plaintiff with a short course of steroids to last 5 days and 14 pain pills to take every 4 hours as needed for pain. The Plaintiff was given instructions to follow up with her primary care provider. The overwhelming evidence showed that the Plaintiff did not have any complaints related to her boil and in fact, felt that it was improving when she went into the emergency department. Further, Plaintiff had no evidence of an underlying infection, much less a deep back infection as of the date the emergency medicine physician cared for her.
In 2 hours, the jurors reached a defense verdict, answering that the physician was not negligent in his care and treatment of Plaintiff.
Serpe Andrews is a full-service civil litigation law firm. Based on our experience and knowledge of our clients and their industries, we provide novel and effective legal solutions. We remain dedicated to providing excellent results for our clients.
