On October 2, 2019, after ten days of trial, Bob Packer successfully argued for a Non-Suit for his client, a general surgeon specializing in robotic hernia repairs. Plaintiff claimed the small bowel was perforated during the procedure and not detected for over a week after the patient developed peritonitis. The diagnosis was made by another surgeon at a different hospital, as the patient did not return to the client when symptoms arose. Due to advanced infection, plaintiff remained acutely hospitalized for over two months and then spent another three months in a rehabilitation facility. After plaintiff rested, Bob moved for a non-suit on the grounds there was no proof or expert testimony that the perforation occurred during defendant’s surgery and further no evidence submitted that defendant was contacted by plaintiff when he became ill. Waiting outside the courtroom, Bob’s expert was ready and waiting to testify that the client fully complied with the standard of care for both operative and post-operative issues, but by virtue of the granted non-suit motion, the expert did not have to testify.
