April 15, 2021

Dalbey v. Gokhale, M.D., et al.

As part of the continuing effort and commitment of SWRS to effectively serve its clients even during these trying times, a number of attorneys in the firm recently appeared before the appellate courts in both Kansas and Missouri to present oral arguments via a virtual platform. SWRS remains intent on pursuing all avenues to protect the client’s legal interests even where restrictions remain in place prohibiting in-person courtroom appearances.

Brian Burge argued before the Missouri Court of Appeals for the Western District in Dalbey v. Gokhale, M.D., et al., an appeal taken by the plaintiff following judgment in favor of the defendant-physician by a jury sitting in Buchanan County, Missouri. The case involved allegations against an ER physician concerning a purported failure to diagnose an aneurysm rupture in the plaintiff, which subsequently caused a brain hemorrhage. The plaintiff was required to undergo extensive surgery and was hospitalized in intensive care for several weeks. At trial, plaintiff claimed that he had suffered permanent partial paralysis, severe cognitive decline and lacked the ability engage in meaningful employment. Plaintiff asked the jury to award more than $9 million in damages. After a two-week trial, the jury found in favor of the physician and awarded no damages to the plaintiff. Claims of evidentiary error by the trial court have been made on appeal by plaintiff. A decision from the appellate court is expected within 2-3 months.