INDIANAPOLIS, IN (March 1, 2013) – Attorneys Greg Laker of Cohen & Malad, LLP and Barry Rooth of Theodoros & Rooth appeared before the Honorable Matthew C. Kincaid of the Boone County Superior Court I in a wrongful death medical malpractice lawsuit against Tipton Hospital and Dr. Vincent B. Delumpa. Laker and Rooth argued their case on behalf of Karen Rich, a woman who had died of complications after undergoing a laparoscopic surgery known as a Nissen Fundoplication for the treatment of her gastroesophageal reflux disease.

The jury listened to arguments for eight days and deliberated for several hours before returning a verdict in favor of the plaintiff for $2.5 million. They found that the hospital breached the standard of care owed to the patient by ignoring escalating symptoms that indicated the surgery was not performed satisfactorily. The post-operative notes indicated that the patient’s stomach had been perforated during the surgery, resulting in a serious infection, or sepsis. However, the hospital failed to respond promptly to the decline in the patient’s health after surgery, which ultimately led to her death.

Greg Laker stated, “We are thrilled with the outcome of this trial and the result we were able to obtain for the family.  No amount of money can ever replace a life, especially a woman as remarkable as Karen. I hope that by the fact that the jury found the hospital accountable for this tragedy, the family will be able to find some peace.”

Prior results do not guarantee future outcomes. Case results vary dramatically depending on specific facts and circumstances

About Cohen & Malad, LLP 
Cohen & Malad, LLP, was founded in 1968 by former Indiana Attorney General John J. Dillon, Louis F. Cohen and others. Since that time, Cohen & Malad, LLP, has garnered a national reputation. The firm is focused in the areas of class action, personal injury, business litigation, family law, appellate law, and commercial real estate & business services.