KIMBERLY SATTERWHITE AND MATTHEW JOSS OBTAIN DEFENSE VERDICT

On July 19, 2024, following a five-day trial, a Chesapeake jury returned a defense verdict in favor of an ear, nose & throat surgeon and his practice represented by Ms. Satterwhite and Mr. Joss. The suit involved recurrence of sinusitis and nasal polyps following sinus surgery. Plaintiff alleged the surgeon failed to properly perform the sinus surgery and failed to adequately manage his postoperative recurrence of nasal polyps and sinusitis. Plaintiff alleged he suffered permanent loss of his sense of smell and taste as a result of his recurrent polyps and sinusitis. Plaintiff’s claim regarding the performance of the surgery was dismissed following a motion to strike at the end of Plaintiff’s case. The jury returned a defense verdict on the remaining claim regarding the postoperative care. Plaintiff’s expert was an ear, nose & throat surgeon from Florida. Defendant presented two distinguished ear, nose & throat surgeons as standard of care experts who established the Defendant met the standard of care during the postoperative period and did not cause Plaintiff’s alleged damages. Plaintiff asked for $5 million in damages during closing.