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Personal Injury
Medical Malpractice
Negligent Surgery

Earnestine May-McNary, Price McNary v. Robert E. Murray, M.D., and Does 1 through 25

Published: Feb. 27, 2016 | Result Date: Sep. 25, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-539752 Verdict –  $175,000

Court

San Francisco Superior


Attorneys

Plaintiff

Michael J. Mandel

Michelle J. Mandel


Defendant

Bret R. Landess
(Oium, Reyen & Pryor)

Mark E. Oium


Facts

Earnestine May-McNary, 59, and her husband, Price McNary, sued physician Robert Murray, M.D., after May-McNary suffered complications following gallbladder surgery on July 15, 2013 at St. Mary's Medical Center, in San Francisco.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Dr. Murray negligently performed the surgery, and that this negligence amounted to medical malpractice. Specifically, they alleged that Dr. Murray stitched May-McNary's liver to her abdominal wall, leaving an open wound that allowed her colon to herniate through the opening. She subsequently underwent additional surgeries to fix the botched surgery.

DEFENDANT'S CONTENTIONS:
Dr. Murray denied that he was negligent and asserted various affirmative defenses. He claimed that May-McNary's complicated medical history put her at risk for poor wound healing, and that he did not improperly stitch her organs together.

Result

The jury found Dr.Murray negligent and awarded May-McNary $175,000 in damages. It did not award Mr. McNary any damages.

Poll

9-3 (liability), 12-0 (damages)


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