Following a week-long trial, a Reno, Nevada, jury returned a defense verdict in favor of HPS attorneys Casey Tyler and Mike Prangle on behalf of their client, a Reno area medical center. The Plaintiff in the case, seeking a seven-figure claim, alleged that our client negligently caused, and failed to detect, a retained surgical instrument piece in the lumbar spine and that this caused permanent and debilitating injury.
Ultimately the jury agreed that the retained object was but an incidental finding and had no effect on the Plaintiff’s subsequent health issues. This outcome was particularly rewarding for our client and our team in that the jury specifically found no negligence despite Nevada statute creating a presumption of such negligence in the face of a retained surgical object.
Plaintiff's also argued that the medical center lacked proper policies and practices in the OR and sterile processing for examining and reporting of instrument problems, while the Defendant was able to show that all actions adhered with applicable literature and the standard of care.