April 15, 2021

Update: Dalbey v. Gokhale, M.D.

The Missouri Court of Appeals for the Western District has affirmed the trial court’s decision in Dalbey v. Gokhale, M.D., a case tried in 2019 by Brian Burge and Jana Richards, which resulted in the 3rd largest defense verdict for that year. 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 verdict in favor of the physician, Plaintiff alleged several evidentiary errors on appeal. Oral arguments were held on March 17th and the appellate court issued its decision less than three weeks later affirming the trial court’s decision in its entirety.