Verdicts & Settlements

Montco Jury Awards Brain-Injured Woman In Med Mal Case

DiTore v. Zager $5.1 Million Verdict

The Legal Intelligencer

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verdicts and settlements

Date of Verdict: Jan. 16.

Court and Case No.: C.P. Montgomery No. 2011-09176.

Judge: Thomas M. Del Ricci.

Type of Action: Medical malpractice.

Injuries: Brain damage.

Plaintiffs Counsel: Andrew Youman, Jason Pearlman and Kristen Loerch Sipala, Kline & Specter, Philadelphia.

Defense Counsel: James P. Kilcoyne, Kilcoyne & Nesbitt, Plymouth Meeting, Pa.; Daniel J. Sherry, Marshall Dennehey Warner Coleman & Goggin, King of Prussia, Pa.

Comment: A $5.1 million verdict has been awarded by a Montgomery County jury to a woman who was injected with the wrong medication during nasal surgery, causing her to suffer cardiac arrest and sustain brain injuries as a result.

The Montgomery County jury handed up the verdict in favor of Jacqueline DiTore and her husband in DiTore v. Zager. The jury found defendants Dr. Warren H. Zager and Abington Surgical Center (ASC) 38.5 percent and 61.5 percent negligent, respectively. All defendants other than Zager, his practice group and ASC were dismissed from the case before trial.

Andrew Youman, Jason Pearlman and Kristen Loerch Sipala of Philadelphia-based Kline & Specter represented the plaintiffs in the case. Youman said there was a high-low agreement in place, although he could not reveal the specific details.

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