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Medical Malpractice/Product Liability case resulting in colostomy results in $10.31 million verdict Verdict: Marc Pera, Adam Slater & Matt Nakajima

May 13 @ 10:30 AM - 1:30 PM PDT

It was supposed to be a routine laparoscopic surgery to remove a colon polyp. During surgery, the surgeon positioned a stapler over the area of rectum he intended to cut. The stapler was supposed to slice through the rectum and simultaneously staple on either side of the cut. The stapler, however, failed to staple. Nikki Simon was left with a colostomy and ultimately had her descending colon and transverse colon removed. She now has what will likely be a permanent loop ileostomy.

The specific reason the stapler malfunctioned was a mystery. The manufacturer, Ethicon, performed experiments on identical staplers after the surgery and claimed the surgeon must have failed to follow the stapler’s instructions for use. The surgeon, repeatedly, under oath, disputed this and said he used the stapler properly. Although we were unable to point to a specific defect, a conservative Miami County, Ohio jury found the stapler was defective and rendered a verdict of more than $10.31 million against Ethicon.

In this presentation, we will share our power points and clips from trial. The entire trial was video streamed and recorded. Marc will talk about:
1 – the importance of demeanor in trial;
2 – the likability (or unlikability) of the defendants;
3 – sequencing of witnesses;
4 – the importance of polarizing the case (in opening, through witnesses, and in closing);
5 – using the brutal honesty theme throughout trial, including on direct, cross, and in closing;
6 – establishing damages through all witnesses, including the defendant and defense experts;
7 – destroying the credibility of defense experts on issues other than liability; and
8 – empowering the jury to give “full justice” by speaking from the heart.


May 13
10:30 AM - 1:30 PM PDT