An experienced pediatrician was sued for failing to save and rapidly transfer a term baby in respiratory distress. Before the ambulance arrived, the baby needed full resuscitation and died. On review of the records, Dr. Myerberg ascertained that the doctor's care was adequate to have saved a normal term baby. He found a top-flight neonatology expert who has written a text on neonatology, who testified at trial that the doctor did exactly what he should have done. He also found a specialist in congenital abnormality of surface active material in newborn’s lungs, who testified, at trial, in opposition to the hospital pathologist, that this baby’s lungs never inflated and never would have inflated because of a severe hereditary deficiency of surface active material. The jury was out for 5 minutes and rendered a defense verdict.
Dr. Myerberg defended a hospital from a suit brought by a retinal ophthalmologist. The ophthalmologist claimed that a laser machine, owned and maintained by the hospital, had burned his retina when he used it on a series of patients. Based on this, the ophthalmologist claimed that he could no longer work in that field. Thus, he had embarked on another, less lucrative career. Dr. Myerberg deposed all the experts and fact witnesses for the hospital. He prepared all of the hospital’s witnesses for deposition and trial. He retained nationally prominent experts in laser safety, material science, and laser injury who made major contributions at trial. The expert on laser safety found nothing wrong with the machine. The expert in material science found no defects in the protective filter of the machine. The expert ophthalmologist who had vast experience with laser injuries, did not think that the lesion in the doctor’s eye came from a laser. Dr. Myerberg created a video of the inside of the eye that this ophthalmology expert used to explain to the jury why this was the case. The jury was out for about two hours and returned with a defense verdict.
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