Gary Samms Obtains a $9.6 Million Defense Verdict on Behalf of a Family Medicine Doctor in Reading, PA

December 31, 2019

On December 12th, after a two week trial Gary Samms obtained a verdict for Defendant, Jose Subervi, M.D. in a highly contested medical malpractice action. The trial before The Honorable Madelyn Fudeman in Berks County Court of Common Pleas of Pennsylvania involved L.M., a minor against numerous health care providers for failure to timely diagnose and treat the child’s clear cell adenocarcinoma of the cervix. An extremely aggressive cancer that is rare especially in children of her age. L.M. was ten when she contracted this aggressive cancer. The jury found for Dr. Subervi based on the jurors discussions with counsel after the trial, as a consequence of the cross-examination of plaintiff’s oncology expert by Mr. Samms. This was a significant result as there was a $9.6 million verdict against three other defendants in the case including Reading Hospital. The jury deliberated for 12 hours before rendering a verdict. It was stipulated at trial the child has a 5-10 year life expectancy. Mark Hermanovich and Barbara Heaton were vital to the work-up and ultimate verdict of the case.

Gary Samms is the Chair of the Professional Liability and Catastrophic Loss Group at Obermayer. He has comprehensive experience in complex civil litigation matters. His law practice concentrates in the areas of commercial, medical malpractice, professional liability, health care, sexual assault claims, intellectual property litigation and cases of high monetary exposure. Learn more about Gary and his practice here.