Mike Wiswall and his trial team secured a defense verdict in a medical malpractice case in favor of a gastroenterologist and his clinic. The plaintiff alleged that his procedure should have occurred in the hospital setting given his poor cardiopulmonary status and compromised state of health, as well as predictive factors to indicate that he would be a difficult intubation. There was also a separate claim that he was not properly advised of the risks of the procedure or the alternative of having it performed in the hospital. Plaintiff alleged that he suffered an anoxic brain injury resulting in cognitive impairment and memory loss, as well as other injuries. He requested $6M for his damages.
Following a 12-day trial, the Multnomah County jurors returned with a unanimous defense verdict on the negligence claim and 11-1 in favor of the defendants on the informed consent claim.