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Bullington, Tyzska obtain unanimous defense verdict in medical malpractice case
POSTED APRIL 20, 2023
Jones, Skelton & Hochuli, PLC Partners Steve Bullington and Cory Tyzska obtained a unanimous defense verdict for a medical malpractice case. This case involved allegations of medical malpractice arising from a neurologist’s workup of a patient’s complaints of left-sided symptoms of weakness, shaking, and loss of control. Six weeks after the workup, the patient suffered a stroke and has residual permanent injuries.
Plaintiff alleged that the neurologist was negligent for failing to order vascular imaging, failing to diagnose TIA, failing to properly educate the patient on the significance of a TIA diagnosis, failing to order aspirin therapy, and failing to send the patient to the emergency room upon the patient’s report of new and worsening symptoms. The neurologist maintained that he met the applicable standard of care in all respects, that there was insufficient evidence that plaintiff would have had a better outcome with earlier intervention, and that plaintiff’s illicit drug use caused his stroke and would have overshadowed the protective effect of aspirin therapy. Plaintiff claimed permanent loss of function and sensation of his left upper extremity, weakness and spasticity in his left lower extremity, cognitive deficits, pain and suffering, and loss of enjoyment of life. The case was tried in Maricopa County Superior Court before the Honorable Joan Sinclair. After a twelve-day trial, the jury deliberated for only 25 minutes before returning a unanimous defense verdict on April 6, 2023.