Johnson, Duffie, Swewart & Weidner - Law
Always a Step Ahead

News Release




Attorney John Ninosky recently obtained a defense verdict in favor of a Certified Registered Nurse Practitioner and her employer in the United States District Court for the Eastern District of Pennsylvania. The Plaintiff contended that the Nurse Practitioner violated the standard of care by failing to timely diagnose an appendicitis. The Plaintiff also contended that the Nurse Practitioner violated his Eighth Amendment rights to be free from cruel and unusual punishment since his illness occurred while he was incarcerated. The Plaintiff demanded both compensatory and punitive damages.

Attorney Ninosky successfully argued that an appendicitis is a difficult condition to diagnose. In this particular case, the Plaintiff did not have a typical presentation of an appendicitis. Specifically, the Plaintiff never had lower right quadrant pain, rebound tenderness, fever or an elevated white blood cell count. The Nurse Practitioner ordered diagnostic testing and monitoring to address the Plaintiff's condition. Unfortunately, the diagnosis was difficult and needed time to properly access, but the Nurse Practitioner utilized good skill, customary procedures and sound judgment in her care of the Plaintiff.

The jury, which was seated in Easton, returned a verdict after an hour and fifty minutes of deliberations. The jury specifically found that the Nurse Practitioner was not negligent in the standard of care of the Plaintiff, nor did she violate any of the Plaintiff's constitutional rights.