Attorney obtained a defense verdict on behalf of a doctor (interventional radiologist) and a hospital

Attorney obtained a defense verdict on behalf of a doctor (interventional radiologist) and a hospital.  The plaintiff filed a medical malpractice claim arguing that the doctor failed to obtain the patient's informed consent for the removal of a removable IVC filter.  The patient had a removable IVC filter place prior to undergoing gastric bypass surgery.  Following the successful surgery, the patient returned to the physician for removal of the IVC filter.  The physician attempted to remove the filter, but was unable to because it had become distorted some time between its placement and the attempted removal.  At some point either during or in the months that followed the attempted removal, a fragment of the filter broke off and migrated to the patient's right ventricle of the heart.  It was discovered ten months later at a different institution during a successful removal of the filter in question.  Plaintiff argued that she was never told the filter did not have to be removed, but could remain permanently.  Plaintiff's damages consisted of emotional distress in that she feared further fragment migration and sudden cardiac death.  On behalf of the clients, the attorney argued - the patient signed a consent form which stated that the filter could remain; the fragment was endothelialized and had not moved its position in four years; the lack of movement of the fragment in four years indicated that there was little to no chance it would cause any harm, i.e. sudden cardiac death; and the patient had been working consistently since the attempted filter removal which meant that she did not suffer any psychiatric condition.  Prior to trial, the attorney was able to secure the dismissal of the surgeon who performed the gastric bypass surgery, a health system and other non healthcare institutions.