Roger Littman, David Neumeister, and Jennifer Medenwald prevailed in their appeal of a $500,000 jury verdict received in August of 2004. The court ordered judgment be entered in favor of the physician, holding that Roger's motion for directed verdict at the close of plaintiff's case should have been granted. Jennifer and David submitted briefs to the First District Appellate Court, which granted this relief without requiring oral argument.
The lawsuit alleged deviation from the standard of care in treating and advising a 54-year-old man who died of cardiac causes four months after a visit to the emergency room, during which Roger's client, a cardiologist, was brought in for consultation. The cardiologist ordered a stress test for the decedent, the results of which showed abnormalities, and advised the decedent to see his treating cardiologist within one week of his discharge on May 24th, although he did not document this advice. He also recommended an angiogram, which the patient declined. This exchanges was also not documented.
Two months later, the decedent did see his treating cardiologist, who changed his medications but did not perform an angiogram. The decedent suffered a heart attack on August 9th and died 45 days later of multiple organ failure.
