Episode 47
April 9, 2025
Two Young Lawyers, One Career-Making Verdict: $856,000 for Stroke Victim
Episode Summary
When a 64-year-old man with classic stroke symptoms was misdiagnosed with Bell’s Palsy, his care was delayed by 19 critical hours. Host Brendan Lupetin interviews classmates-turned-colleagues Ben Cohen and Carmen Nocera about their $856,000 medical malpractice verdict in Washington County, PA. The young attorneys reveal how they exposed contradictions in the defense’s position, leveraged a damning phone call recording, and maintained credibility with the jury through a grueling two-week trial against experienced defense lawyers.
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- The case involved Steve Burrows, a 64-year-old active outdoorsman who experienced sudden onset of numerous stroke symptoms but was misdiagnosed with Bell’s Palsy.
- Despite the medical maxim “time is brain,” treatment for stroke was delayed 19 hours, resulting in permanent neurological deficits including a vocal cord paralysis that made eating and drinking extremely difficult.
- A critical phone consultation between the ER doctor and a neurologist, initiated only because the patient’s friend insisted, revealed that the doctor presented incomplete information and was committed to the Bell’s Palsy diagnosis.
- The defense tried to argue that stroke symptoms began the day before, putting the patient outside the treatment window, but records showed those minor symptoms had completely resolved.
- The attorneys explain how Washington County’s generous voir dire process, including comprehensive questionnaires provided weeks in advance, helped them identify jurors comfortable making decisions between competing expert opinions.
- After a seven-hour deliberation, the jury awarded $856,000, finding negligence by both the hospital and emergency room physician.
Carmen Nocera
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