Gary Samms Obtains a Unanimous Defense Verdict on Behalf of a Podiatric Surgeon

October 03, 2023

Gary Samms, Chair of both Obermayer’s Professional Liability and Catastrophic Loss Group, secured a unanimous defense verdict in Chester County on behalf of a podiatric surgeon after a six-day trial.  Plaintiffs alleged the doctor failed to meet the standard of care by not closely observing a patient in follow-up post-surgery on a severe Charcot foot, allowing an infection that led to a below-the-knee amputation. The trial involved seven experts and complicated medicine regarding various infectious pathogens. Sydney Melillo and Barbara Heaton were exceedingly important to the victory.

The Legal Intelligencer covered this medical malpractice trial in the article, titled “Working on the Weekend: Trial With Rare Saturday Proceedings Ends With Defense Win in Leg Amputation Case,” published on October 4, 2023.

“In this case it was helpful to all parties because the jury, knowing they had to be there on Saturday, continued to be very attentive,” Gary Samms, who tried the case for the defendant doctor, said. “If they were giving up their weekend, they were going to pay attention.”

According to Samms, proceedings started at 8:30 a.m. Saturday and continued until the jury came back with a defense verdict at 7 p.m.

“I put on my standard-of-care expert and my client testified, and then there was closing and charging,” he said, adding that, although he’s had deliberations run into the weekend before, he had never before taken witness testimony on a Saturday. “It was a very well-done trial by all parties. We’re fortunate that the jury saw that, despite the severe damages, the doctor acted appropriately at all times.”

Read the full article here.