Episode 56
July 23, 2025
From Policy Violation to $5.25M Verdict, with Dorothy Dohanics, Carmen Nocera, and Ben Cohen
Episode Summary
The hospital had a good policy that would have prevented a 67-year-old woman from being prematurely discharged. Instead, she was discharged and found dead 12 hours later. Host Brendan Lupetin unpacks this wrongful death case with the trial team of Dorothy Dohanics, Carmen Nocera and Ben Cohen. Tune in to hear how Dorothy’s meticulous discovery work and Carmen and Ben’s strategic courtroom work drove their $5.25 million verdict.
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- A 67-year-old woman underwent a routine bronchoscopy that resulted in a punctured lung, but clear hospital safety policies were violated during her post-procedure care.
- Dorothy worked the case from intake through discovery, securing critical admissions from nurses and the corporate designee about policy violations before being forced to miss trial due to a scheduling conflict.
- The defense threw multiple theories at the wall, including attacking the family relationship, blaming the patient for not returning to the hospital, and even disputing the cause of death.
- Carmen and Ben jumped into the case just weeks before trial, watching all video depositions to understand witnesses and focusing 95% of their case on liability rather than damages.
- The corporate designee changed her testimony at trial regarding the patient’s baseline oxygen levels, appearing visibly uncomfortable as Carmen systematically impeached her credibility.
- The defense shocked everyone by showing an autopsy photo without warning during cross-examination, causing audible gasps from jurors and forcing the plaintiff’s son to bury his head in his hands.
- The jury deliberated for nearly eight hours over two days, ultimately finding only the hospital liable for $5 million in wrongful death damages and $250,000 in survival damages while clearing both individual doctors.
Dorothy Dohanics
Carmen Nocera
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