SCOTTSDALE-HUB ― Dustin Christner and Dominique Barrett, Partners in the Scottsdale office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a unanimous defense verdict on behalf of our client, a Board-certified general surgeon, in a medical negligence and product liability lawsuit, which involved a non-party American medical device manufacturer. After the medical device manufacturer settled mid-trial, the case went to the jury who unanimously ruled in favor of the defendant surgeon.

Overview of the Case

• The medical negligence and products liability lawsuit was made against our client and a medical device manufacturer.
• The medical device manufacturer settled during the trial, leaving the surgeon as the sole defendant.
• During trial, the Plaintiff shifted blame from the medical device manufacturer to the surgeon.
• Scottsdale Partners Dustin Christner and Dominique Barrett obtained a complete and unanimous defense verdict on behalf of our client.
• The case had been litigated for six years, with delays due to COVID-19 in setting a trial date.

Key Difference-Makers

Trial Participants

• Dustin Christner, Partner, Scottsdale
• Dominique Barrett, Partner, Scottsdale

Additional Administrative Support

• Josette Medina-Greene, Paralegal, Scottsdale
• Tina Cummings, Legal Assistant, Scottsdale
• Lilian Favela, Legal Assistant, Scottsdale

Claims Made Against Our Client

• Plaintiff alleged that our physician committed medical negligence, alleging that she lacked sufficient training and experience with the device before proceeding with the facial resurfacing procedure.
• The Plaintiff filed product liability claims and alleged that the medical device was defective, unreasonably dangerous, and should not have been sold to physicians for facial resurfacing.

Defense Strategy

• The defense team successfully highlighted the surgeon’s extensive experience, thorough vetting of the device, and adherence to all professional standards.
• Challenged the Plaintiff’s medical specialist who had no experience using the product and had not used it on any patients of their own.
• Mr. Christner and Ms.Barrett argued that the Plaintiff had previously signed an informed consent form and the damages she experienced were known complications to which she assumed the risk.

Impact on Final Outcome

• The jury noticed the discrepancies of the Plaintiff’s focus after the medical device manufacturer decided to settle.
• The jury became aware of the Plaintiff’s previous knowledge on potential risks of the elective cosmetic treatment.
• The Plaintiff’s medical expert’s testimony was disaccredited due to lack of relevant experience with the device.
• The defense effectively showed the jury that the surgeon was experienced, Board-certified skills in various surgeries, with ample experience using similar devices throughout their career.
• The ten (10) person jury was unanimous in their decision resulting in a complete defense for the defendant surgeon.

Predicting the Future

• This is the second consecutive unanimous jury verdict in which the defense team secured a defense verdict for the client.
• This successful defense further solidifies QPWB's reputation as a national litigation firm. 
• The verdict demonstrates QPWB's ability to navigate challenging cases with strategic precision, even when facing a mid-trial settlement that could shift the focus of the lawsuit.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.