Pretzel & Stouffer

Trial Victory For Retina Specialist

Pretzel & Stouffer Partner Brian C. Rocca and Michael A. Barry successfully defended a retina specialist and his employer against a wrongful death claim by the family of a 60 year old patient who experienced an adverse reaction following the administration of a fluorescein dye for a diagnostic angiogram of the eye. The plaintiff claimed that the patient suffered an anaphylactic reaction to the dye which resulted in cardiac arrest and permanent brain damage. The plaintiff put forth expert testimony arguing that the defendants failed to immediately administer epinephrine upon signs of a reaction. The defense argued that the patient suffered a vasovagal or chemical-type reaction to the fluorescein dye and that the patient, due to her multiple co-morbidities, was unable to recover from the reaction. The jury accepted the defense’s argument that the defendant properly assessed the patient, and that epinephrine was not indicated prior to the patient’s cardiac arrest which occurred after the patient was in the hands of the responding paramedics. Plaintiff asked for $1,050,000, and the jury awarded a verdict for the Defendants, finding in favor of the arguments of Mr. Rocca and Mr. Barry.

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