Front Page: Pa. Supreme Court upholds 8-figure verdict in Philadelphia ALS Medical Malpractice case


How To Get Your Free Initial Consultation

To start an evaluation of your case, please complete the form below. The more information you can provide, the better able we will be to determine if we can help you.

We will review the information and let you know by email shortly if we may be able to handle your matter and what the next steps may be.

*This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

The Legal Intelligencer reported on its front page Monday that the Pennsylvania Supreme Court has declined to hear arguments on an appeal of a $10 million medical malpractice verdict for a man who was misdiagnosed with having ALS.

Attorney Matt Casey in April 2011 convinced a Philadelphia jury that Leo McCluskey, M.D., the medical director of the University of Pennsylvania's ALS Association Center, wrongly diagnosed Eric Davenport with the fatal disease.

Davenport, 60, had been given between 18 months and three years to live. But he never had ALS, also known as Lou Gehrig's disease. He actually suffered from a spinal cord compression. As a result of the misdiagnosis by the national ALS expert, Davenport now is confined to a wheelchair.

The Hospital of the University of Pennsylvania appealed the verdict, but the state's high court refused to hear arguments on the case last week.

The defendants have exhausted their appeal options and now must pay Davenport $11.6 million, which reflects accrued interests on the initial verdict amount, according to Casey, a founding partner of Ross Feller Casey, LLP.

"We argued to the jury that those three or four years where he thought he was dying were horrible years. The real tragedy was that during that time his opportunity to fix this problem slipped away. From that point forward his damages are those of a man who can't walk," Casey told The Legal Intelligencer – read the story below:

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.