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Santoni and Barrett Win Directed Verdict in Medical Malpractice Case

April 8, 2015

Cynthia Santoni (Partner-Virginia) obtained a directed verdict in a medical malpractice case in which Wilson Elser represented a physical therapist. The plaintiff alleged that the physical therapist injured her rotator cuff during a functional capacity evaluation. During cross examination, the plaintiff's standard-of-care expert admitted that his opinion was based solely upon speculation and assumption. Likewise, during cross examination of the plaintiff's causation expert, the defense was able to demonstrate that the expert could not causally link the specific allegation of the breach in the standard of care to the injury. The defense's cross examination highlighted the overwhelming legal deficiencies in the plaintiff's expert's opinions, which persuaded the court to grant the directed verdict.

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