After a five day trial, a jury unanimously absolved Dr. Marc McKenna of Chestnut Hill Hospital of any wrongdoing regarding the death of a 44 year old woman from fungal pneumonia. Dr. McKenna was defended by Gary Samms who was able to successfully persuade the jury that the doctor acted reasonably at all times and consistent with the standard of care and there was no need for him to order any additional blood cultures or sputum cultures, or any other diagnostic exams, based on the presentation of the patient and the rarity of the disease. Cryptococcus fungal pneumonia is an extremely rare disease that mainly afflicts AIDS patients. The jury remarked that the cross examination of the experts by Mr. Samms is what won the case for the defense.
Mr. Samms is a partner and member of the firm’s Litigation and Healthcare Departments as well as the Intellectual Property Group. He has comprehensive experience in complex civil litigation matters; he has gained acclaim for his trial work. For the past three years, he has been named to Pennsylvania's Top 100 Lawyers and one of Philadelphia's Top 100 Lawyers lists by Pennsylvania Super Lawyers® . He has been selected for inclusion in Pennsylvania Super Lawyers in 2011, 2010, 2009, 2008, 2007 and 2006, an honor bestowed upon only 5% of Pennsylvania lawyers. He has previously been named one of "Pennsylvania's 50 on the Fast Track" in 2001 by his peers.