Van Winkle attorneys successfully defend clients
in high-dollar medical malpractice suit

March 20, 2008 — Philip J. Smith and Dale A. Curriden, senior partners in The Van Winkle Law Firm, in Asheville, N.C., have successfully defended two family practice physicians and an obstetrician/gynecologist in a lawsuit carrying a demand for several million dollars.

The medical malpractice suit, which concluded last month after a three-week jury trial in Buncombe County Superior Court, was brought by a Guardian Ad Litem on behalf of a minor born in 1990. (In North Carolina, medical malpractice cases involving minors can be brought anytime before the individual reaches age 19.) The plaintiff claimed the defendants unnecessarily delayed performing a C-section delivery on the mother, causing permanent brain damage to the premature child. Presenting a life-care plan and lost income valued at $12 million, the plaintiff maintained a demand of $24 million throughout the trial.

One of the greatest challenges faced by the defendants' attorneys was helping the jury understand the standard of care applicable in 1990, and the increased risk to children born prematurely in that era.

After considering all issues presented in the trial, the jury returned a sweeping verdict of no negligence as to all defendants, including the three physicians and Mountain Area Health Education Center (MAHEC), who were represented by Smith and Curriden of Van Winkle, and Mission Hospital, represented by James W. Williams and Mark C. Kurdys of Roberts & Stevens, P.A.

Due to risks associated with prematurity upon delivering a baby at 33 weeks gestation in 1990, the defense attorneys successfully argued that the standard of care required careful balancing of the risks of prematurity against the risks of a potential placental abruption.  They contended there were no clear signs of distress on the part of the mother or baby sufficient to justify delivery any earlier than the time C-section was ordered and that, therefore, the defendants’ decisions and actions were reasonable under the circumstances.

Founded in 1907, The Van Winkle Law Firm is the largest practice west of Charlotte and one of the oldest in the state. The firm offers the region’s most extensive list of practice areas, and its force of nearly 40 attorneys – including five who focus primarily on healthcare – and more than 60 support professionals represents clients in every level of the federal and state court systems. For more information, visit www.vwlawfirm.com.