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SPERLING AND COLON OBTAIN DEFENSE VERDICT IN MEDICAL MALPRACTICE JURY TRIAL



(June 30, 2009)   Frilot attorneys Peter E. Sperling and Nairda T. Colón (Lesa) obtained a directed verdict in a medical malpractice jury trial in the Civil District Court for the Parish of Orleans held June 23-29, 2009.  In Leonard A. Martin, et al v. Lakeland Medical Center, et al, the plaintiffs contended Kimberly Martin was not an appropriate candidate for a nurse midwifery program. Plaintiffs further claimed that once admitted to Lakeland Medical Center for preterm labor on October 31, 1994, Mrs. Martin should not have been treated with dual tocolytics. Mrs. Martin alleged she developed fluid overload, pulmonary edema, leading to an emergency c-section. Plaintiffs further contended the child's premature birth caused him to be diagnosed with cerebral palsy, asthma, and learning disorders.


The trial court dismissed the case against Frilot’s client, Lakeland Medical Center, at the close of plaintiffs' evidence on the grounds that they failed to meet their burden of proof. 



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