Josepher & Batteese, P.A. Obtain Defense Verdict
Tyler Batteese and Brian Agliano won a defense verdict for a nurse and the oncology practice she worked for in a two-week trial. The plaintiff alleged that the nurse utilized improper technique in flushing the chemotherapy port of the patient resulting in the port fracturing and a portion of it embolizing into the patient’s heart which lead to open heart surgery to retrieve. The defense was able to demonstrate to the jury that the nurse did not use excessive force and that the cause of the embolization of the fragment was due to a product defect. A bio-mechanical engineer expert previously employed by the manufacture of the port and catheter was called by the defense. He conducted testing of the same equipment in his lab and was able to show the jury that the fracture could not have been due to nursing care but was due to a defect in the product.