Defense Victory for Barth and Vojas
On September 22, 2023, Lashly & Bear attorneys Michael Barth and Katherine Vojas obtained a defense verdict for their health care clients in the Circuit Court of the City of St. Louis. The case involved claims of academic medical practice and allegations that the Department of Ophthalmology failed to timely diagnose and treat a retinal detachment in a severely autistic, non-verbal adult. The defendants denied the allegations and asserted at trial that they were unable to perform a complete eye examination and the presenting complaint of “red eye” did not require further testing such as an examination under anesthesia to examine the back of the eye. The defendants also presented evidence that the retinal detachment ultimately diagnosed about 3 and half months later was an old injury that had been present for at least a year or possibly years. After a week-long trial where plaintiffs requested nearly $5 million, the St. Louis City jury deliberated for 30 minutes before rendering its decision in favor of the defendants.