Unanimous Defense Verdict for Partners Pat Vipond and Mike Storey in Medical Malpractice Case

On March 15, 2022, LDM Attorneys Pat Vipond and Mike Storey obtained a unanimous defense verdict in a medical malpractice case after a four-day jury trial in the District Court of Douglas County, Nebraska. The case, which originated in 2014 and was the subject of two appeals to the Nebraska Court of Appeals and Nebraska Supreme Court, involved allegations that the defendant failed to diagnose Epstein Barr encephalitis, a rare complication of the viral infection that causes mononucleosis.  As a result of the brain swelling [encephalitis], the child underwent a craniotomy, was hospitalized for more than a month, and underwent physical, speech, and occupational therapy as a result of the brain injuries caused by the virus.  At trial, the plaintiffs asked the jury to award over $7 million in damages for the child’s injuries, and alleged that the child should have been hospitalized sooner. Mr. Vipond and Mr. Storey presented the jury with evidence that their client met the standard of care in evaluating and treating the patient, and that the child’s clinical course of treatment, including the craniotomy, was inevitable due to the unobservable and unpreventable complication.  After four hours of deliberations, the jury returned their unanimous defense verdict.