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Friedberg and Spisek Secure Defense Verdict for Gastroenterologist

June 12, 2019

Alan B. Friedberg (Partner-White Plains) and Milan P. Spisek (Of Counsel-White Plains) secured a defense verdict for our gastroenterologist client in a medical malpractice case before a Westchester County Supreme Court jury. The 66-year-old plaintiff underwent an endoscopic retrograde cholangiopancreatography (ERCP) for suspected obstructing bile stones, after a gall bladder removal. Unfortunately, he suffered an errant placement of a stent completely into the pancreatic duct requiring three additional ERCP procedures to try and remove the stent, all of which failed. Finally, an abdominal laparotomy enabled removal of the stent from the pancreatic duct. Plaintiff claimed the stent was placed improperly. He also claimed he suffers chronic pancreatitis which has caused six additional hospitalizations and chronic pain and suffering. The defense claimed that the stent migrating on its own completely into the pancreatic duct is a rare risk of the procedure and the subsequent procedures were necessary to remove the stent. The jury deliberated for six minutes and rendered a verdict for the gastroenterologist.

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