Wood Smith Henning & Berman LLP (WSHB) is proud to announce a significant defense victory in the Eastern District of Pennsylvania, where Partner Andrew Kessler and Senior Associate Lauren McDowell successfully secured summary judgment in a complex medical malpractice matter brought under 42 U.S.C. § 1983.
The case involved claims by a prison inmate against a respected general surgeon and Plaintiff's correctional facility, alleging constitutional violations tied to an allegedly unnecessary surgical procedure purportedly performed without informed consent.
The defense was complicated by the plaintiff’s incarceration status, requiring the team to navigate the unique standing and evidentiary thresholds associated with constitutional claims under § 1983. Despite the Court’s latitude towards the plaintiff as a self-represented litigant and extensive motion practice, WSHB’s defense team remained resolute.
Kessler and McDowell mounted a comprehensive and strategic defense, emphasizing inconsistencies between the plaintiff’s allegations and the contemporaneous medical records. They established that the informed consent claim was contradicted by the documented record and that the procedure itself was medically warranted, effectively dismantling the plaintiff’s theory of liability.
Ultimately, the Court agreed with WSHB’s arguments and granted summary judgment in favor of the defense.
“This result is a testament to the importance of a well-documented medical record and a rigorous defense strategy that refuses to let unsupported allegations go unchecked,” said Andrew Kessler, Partner at WSHB. “We are proud to have protected our client against a claim that, if left unchallenged, could have had significant implications for medical professionals who provide care for individuals working in correctional settings.”
This victory underscores WSHB’s depth of trial talent and commitment to delivering results in the most challenging litigation environments. The firm’s success in this matter reflects its proven ability to handle complex constitutional and medical malpractice claims with precision, creativity, and unwavering advocacy.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.