The $3.5M Comeback after Summary Judgment Defeat, with Patrick Sullivan
Episode Summary
Did the primary care physician cause his patient’s death from an undiagnosed pulmonary embolism? A trial court said no, on summary judgment. In representing the patient’s widow on appeal, Patrick Sullivan realized that he had to “scrap everything and start from square one.” In this case breakdown with host Brendan Lupetin, Patrick describes how he reframed the case even as he faced hurdles: The patient never complained of chest pain (pulmonary embolism’s key symptom) and the defense characterized him as an alcoholic. Patrick reveals how he exposed the PCP’s behavior – putting business interests above his patient’s care – and how he strategically ordered his witnesses for maximum impact. The jury responded, awarding $3.5 million.
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- Patrick Sullivan represented a widow whose husband died from a pulmonary embolism after his primary care physician cleared him for surgery without discussing or noting his history of blood clots on the surgical clearance form.
- The trial court let the primary care physician out on causation at summary judgment; Patrick got that decision overturned on appeal and then sued the PCP again.
- The jury found the PCP negligent, awarding $3.5 million in wrongful death damages and assigning zero comparative negligence to the patient.
- Patrick emphasizes constant learning through reading trial strategy books, getting in the arena early and often, and maintaining genuine passion for clients.
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