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$2.2 Million Jury Verdict – Negligent Delay in Treating Critical Limb Ischemia

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This case was about time—time that a surgeon wasted when every second mattered.

In November 2020, Kirt Anderson arrived at Indiana Regional Medical Center (IRMC) with acute limb ischemia, a condition where a sudden blockage cuts off blood flow to a limb. His right leg was cold, pulseless, and in severe pain—classic signs of a vascular emergency that required immediate action to save his limb.

The emergency physician recognized the urgency and called the on-call vascular surgeon, Dr. Gregory Lynch, who was just a block away at the hospital’s outpatient wound clinic. But instead of responding immediately, Dr. Lynch chose to wait—first for an ultrasound, then for a CT scan, all while Kirt’s leg was being starved of oxygen.

By the time Dr. Lynch finally arrived in the ER hours later, Kirt needed emergency surgery. But now, there was no available operating room. The delay meant Kirt had to be transferred to UPMC Presbyterian, but by the time he arrived, it was too late. His leg could not be saved. Over the next month, Kirt endured nine surgeries, each one taking more of his leg, until he was left with an amputation up to his hip. His life was changed forever—all because of delays that should never have happened.

But winning this case was not easy. We faced major obstacles at trial.

  1. Dr. Lynch was the only vascular surgeon at IRMC. He argued that he was doing the best he could as the hospital’s sole vascular specialist.
  2. Dr. Lynch was the only vascular surgeon in all of Indiana County. He claimed that he was balancing a high-demand role and could not immediately abandon his other patients.
  3. This happened during COVID-19. Dr. Lynch tried to use the chaos of the pandemic as an excuse for the delays.
  4. Dr. Lynch was seeing other patients with serious medical conditions when he was contacted about Mr. Anderson. He claimed he had to prioritize and could not immediately respond.
  5. There was a very tight time window for medical causation. We had to prove that earlier intervention would have saved Kirt’s leg—a challenging burden when dealing with complex medical conditions.
  6. Dr. Lynch argued that others were to blame. He claimed it wasn’t his fault there were no ORs available and pointed fingers at the hospital staff.

Despite these challenges, we proved that Dr. Lynch’s delays were unacceptable and that his failure to respond immediately cost Kirt his leg. The jury saw through the excuses and, after hearing the evidence, held Dr. Lynch accountable.

The result? A $2.2 million jury verdict for Kirt Anderson and his wife—justice for the avoidable harm he suffered and a clear message that when a medical emergency demands action, waiting is not an option. The original offer before trial was $125,000.

This case was worked up by Greg Unatin.  The case was tried to verdict by the team of Greg Unatin, Brendan Lupetin, and Garrett Trettel.

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