Serpe Jones Secures Trial Victory in Case Involving Surgery on the Wrong Appendage

On October 12, 2017, Adam Pollock and Randall Jones secured a defense verdict for Breckenridge Surgery Center, located in Richardson, Texas, arising out of a “wrong site” surgery that occurred there in 2013. Plaintiff alleged that Breckenridge’s circulating nurse negligently performed the surgical “timeout” procedure. The evidence at trial showed that the surgeon injected the correct operative site with local anesthetic immediately following the timeout, then stepped out briefly to scrub and gown. Plaintiff contended that the applicable standard of care required the circulating nurse to lead the OR team in a second timeout upon the surgeon’s return from scrubbing in and that the failure to perform a second timeout caused the surgeon to operate on the wrong appendage. After only two hours of deliberation, the jury returned a unanimous verdict that Breckenridge was not negligent and did not cause the surgeon to operate on the wrong site. On a related issue, the Serpe Jones trial team successfully proved that Breckenridge was not vicariously liable for the actions of any other personnel in the OR by persuading the jury that such persons were not Breckenridge’s employees or agents. The jury found the defendant surgeon negligent and awarded damages.