Divided Pa. Panel Orders New Trial For Surgery Stroke Case

Law360 (July 21, 2020, 7:19 PM EDT) -- A divided Pennsylvania appeals court ruled Monday that a woman who suffered a stroke during surgery deserves another chance to try her medical malpractice claims against her anesthesiologist, saying she was wrongly blocked from telling the jury about a key legal theory.

The 2-1 decision granted a new trial to Elizabeth Lageman on her claims against John Zepp, as well as his anesthesia practice and York Hospital. As surgery was beginning in May 2012, Zepp mistakenly inserted a needle and catheter into Lageman's carotid artery instead of her jugular vein, a condition known as "arterial cannulation" which increases the risk of...

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