Trial Reports: Reports on recent Indiana cases from the lawyers and judges involved. Submit a trial report at www.theindianalawyer.com/submit-trial-reports.
Resa v. Greathouse-Williams, et al.
Lake County Superior Court
Case Number: 45D02-0902-CT-00039
Injuries: Rupture of diverticulitis with subsequent surgery, colostomy and reversal
Court Date: June 11-14, 2012
Trial Type: Jury
Judge: Hon. Calvin Hawkins
Disposition: Defense verdict
Plaintiff attorney: Daniel Vinovich, Hilbrich Law Firm
Defendant Attorneys: Louis Voelker and Carly Brandenburg of Eichhorn & Eichhorn LLP
Insurance: The Doctors Company
Case Information: Plaintiff received a split panel opinion during the proceedings before the Indiana Department of Insurance. At trial, plaintiff contended that the defendant family practitioner breached the standard of care by failing to diagnose the plaintiff with diverticulitis during an urgent care appointment on May 11, 2006. Two days later, on May 13, 2006, the plaintiff presented to a hospital with a ruptured colon. He required surgery, a colostomy for nearly one year, and then a reversal procedure. The defense submitted evidence to show that the defendant physician was reasonable in diagnosing kidney stones rather than diverticulitis at the time the patient presented. The patient did, in fact, have kidney stones in addition to diverticulitis on May 11, 2006. The defense also presented evidence to show that the patient’s rupture (and therefore surgeries) were unavoidable, even had the diagnosis been made upon the patient’s presentation to the urgent care clinic, given the time frame involved and the speed with which his condition progressed. Ultimately, the jury returned a verdict for the defense after deliberating for approximately 35 minutes.•
Submitting Attorney: Carly Brandenburg