Facts

On Sept. 26, 2007, Wayne Berry underwent spinal fusion at Scripps Medical Center following a back surgery that did not help his medical condition. During the surgery, Michael Martin, who worked for Anesthesia Service Medical Group Inc., administered anesthesia. Following the fusion, Berry suffered vision loss and cognitive problems. Berry filed suit against Martin, Scripps, and Anesthesia Service. The court granted Scripps' motion for summary judgment.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants did not administer anesthesia in a proper manner, which caused him injuries, and that defendant engaged in medical malpractice.

DEFENDANT'S CONTENTIONS:
Defendant argued that Martin acted within the applicable standard of care, and that plaintiff did not suffer the injuries claimed, but suffered vision issues due to posterior ischemic neuropathy.

Settlement Discussions

The defense offered a dismissal for a waiver of costs.

Injuries

Plaintiff suffered cognitive issues and vision problems. Loss of consortium was also claimed by plaintiff's wife.

Result

The jury found in favor of the defense.

Deliberation

30 minutes

Poll

9-0 (unanimous)

Length

four days