Attorney McGilvery’s Major Victories

Major Victories for Attorney Michael McGilvery

Major Victories for Mike McGilvery

2025
January - A 50 year old woman had back surgery for a herniated disc. Plaintiff alleged that the surgery was performed negligently and the disc was not removed. She alleged an unnecessary second surgery and pain and suffering. A unanimous Montgomery County jury found in favor of our client, the surgeon. 

2024
November - A 50 year old married father of two was treated by our client, a gastroenterologist, for complications of hepatitis. Plaintiff alleged an over prescription of medications by our client, leading to an increased risk of infection. The plaintiff developed an infection and died from this condition. Economic damages were projected at over 2 million dollars. A Bucks County jury found in favor of our client.

August - A woman in her fifties was under the care of our client, a pulmonologist. Plaintiff contended that the standard of care required a screening CT scan for heavy smokers. Our client did not order a CT scan. The patient died from lung cancer and sued. At binding arbitration, a verdict was entered in favor of our client.

June - A long time patient of our family practice client asked to be seen for a sick visit. When he arrived at the office, it was revealed that he had switched to an insurance which was not accepted by our client. The patient left our offices without being seen. On the way to the hospital, he collapsed and died from a cardiac event. A Philadelphia jury found in favor of our client. 

A man with multiple medical issues, including back pain, was sent to our rehabilitation facility. Over the next several months, he had complaints of back pain which plaintiff alleged was not properly worked up. About 3 months following his admission, he was found to have a spinal infection leading to two operations and ongoing disability. At binding arbitration, a verdict was entered in favor of the defense.  

2023
May - A woman came to our client, a gastroenterology group, with abdominal pain. A work up suggested bowel ischemia. Plaintiff contended that this serious medical condition was not recognized in time leading to emergency surgery with complications including a permanent colostomy. A Montgomery County jury found in favor of our clients. 

June - A young man was involved in a terrible car accident and brought to our client (a trauma surgeon) for care. The patient was unconscious and critically injured. He was cared for, but it was not recognized that he wore contact lenses. These were not removed for three days and allegedly, an infection set in leading to permanent damage. A Montgomery County jury found in favor of our doctor. 

A woman needed gynecologic surgery and came to our client, a urogynecologist. It was alleged that we trapped a nerve during our surgery leading to subsequent surgery and a lifetime of chronic pain. At binding arbitration, a verdict was entered in favor of our client. 

2022

April - A woman in her 40’s had cervical spine surgery performed by our client. She woke up from the surgery with voice changes and a new diagnosis of stuttering. After our objection to plaintiff’s expert was sustained, a compulsory non-suit was entered against the plaintiff.

2021
May - A young many (20) was an inpatient at a drug and alcohol rehabilitation facility. He was sent to the ER for erratic behavior and was seen by our client, the ER physician. Allegedly, an EKG was abnormal. Drug intoxication was suspected and the patient was discharged. Two days later, the young man was found dead, allegedly from a cardiac event. A Chester County jury found in favor of the defense. 

2020
An 85 year old executive came to the hospital with a hematoma on his hand.  He had been on long term anticoagulation medications due to a heart condition.  His anticoagulation medicine was stopped so that his hand could be corrected surgically.  Our client discharged the patient while his blood was sub-therapeutic.  He stroked the next day.  He lived for two years with profound defects.  Plaintiff claimed economic damages exceeded three million dollars.  A Delaware County jury found no negligence on the part of our client.

2019
A 50 year old male had ankle surgery performed by our client, an orthopedic surgeon. The patient developed wound healing issues, ultimately leading to an infection and amputation of his lower leg. A Williamsport, PA jury found no negligence on the part of our client.

November - A 57 year old male came to a Philadelphia emergency room with abdominal issues. A CT scan suggested a lung abnormality. Our client, a pulmonologist, performed a bronchoscopy which failed to reveal cancer. The patient followed with our doctor for the next 7 months and the abnormality persisted on x-ray. The patient was lost to follow up for 9 months, but returned with what turned out to be a fatal lung cancer. The patient was married with 3 children. A Philadelphia jury found no negligence on the part of our client. 

2018
December - A 50 year old, obese woman had a total knee replacement and developed wound healing issues. She presented to an emergency room and was evaluated by our client. Plaintiff alleged we failed to recognize signs of an infection. The patient went on to an amputation. Our
client was found not negligent at a binding arbitration.

September - a 70 year old, brittle diabetic was transferred from a hospital to a nursing home where our client was the attending physician. The day after transfer, she was found dead from uncontrolled diabetes. When we refused to settle, the plaintiff dropped us on the first day of
trial.

June - A 45 year old nurse had ankle surgery by our client, an orthopedic surgeon. She allegedly developed a chronic pain syndrome leading to 7 years of medical treatment and several operations. A Bucks County jury found no negligence on the part of our client.
2016

August - A 52-year-old man came to his family doctor's office with heartburn and epigastric pain. He had a history of two (2) prior heart attacks. The patient said that he became short of breath walking up hills and that nitroglycerin spray relieved his symptoms. Seventeen (17) days later the patient died from a heart attack, he left behind a wife and three (3) children.  Plaintiff contended that his symptoms were signs of a cardiac emergency and mandated a referral to the emergency room that day.  The doctor had advised the patient on several occasions to follow up with his cardiologist (including the date of the “heartburn” visit) but the patient did not comply.  An unanimous Chester County jury found no negligence on the part of our client, the family doctor.
August - A 57-year-old man had a colonoscopy for evaluation of his Chron's disease. The day after the colonoscopy he came to the hospital with what turned out to be a perforated bowel. He died from his injury leaving behind a wife and two children. Plaintiff contended that the colonoscopy was unnecessary and was negligently performed. It was further argued that post-procedure, the patient had abnormal vital signs and should not have been discharged from the outpatient center.

In Philadelphia County, an arbitrator found in favor of our client, the gastroenterologist.
April - A 60-year-old woman came to the hospital with orthopedic injuries. Our client (medicine) was consulted for medical management. Her surgery was canceled due to bowel issues. A nasogastric tube was inserted to drain the stomach while the doctors awaited a return of bowel function. The tube (which is usually providing continuous suction) was turned off to see if the bowel function would return. A few hours later the patient died from what the plaintiff described as an aspiration.

A compulsory nonsuit (dismissal) was granted to our client after seven days of trial. The Lehigh County jury returned a verdict in favor of all defendants.
Stethoscope Over Malpractice Wooden Block — King Of Prussia, PA — McGilvery & Juliana
March- A 56-year-old male had urologic surgery for Peyronie's Disease. He alleged that he was not aware of the potential complications of the surgery (penile shortening). He alleged disfigurement and emotional distress. A Delaware County jury found that the patient made a valid informed consent to the surgery.

January - A 24-year-old woman came to the emergency room with what turned out to be gall bladder disease. Our client recommended and performed gall bladder surgery. The patient was discharged (too soon according to plaintiff) but returned 5 days later where a leaking duct in the area of the gall bladder was found. A stent was placed to correct the leak but it, accidentally, punctured the bowel. The bowel perforation was not discovered for 4 days, at which time, an operation was performed emergently. The patient required multiple operations and hospitalizations to recover. She was left with an abdominal hernia which was not repaired for 4 years. A Philadelphia jury found no negligence on the part of our client the surgeon.

2015

November - A 44-year-old chef was a patient of our client for several years. In 2005 he reported abdominal pain and change in bowel habits. We referred him to a gastroenterologist. A colonoscopy was negative and the specialist recommended a CT scan for completeness. When the patient returned (4 months later) he was symptom-free so we deferred further work-up. In 2006 the patient again complained of abdominal pain and our chart documented a referral for a CT scan but the patient denied receiving it. In 2008 the patient changed doctors and in 2011 advanced abdominal cancer was found. The patient died in 2014. A Philadelphia jury found no negligence on the part of our client.
November - A 24-year-old female came to see our client, a family physician. She had a fever and a rash. We referred her to the emergency room. She was discharged and contacted us over the next two days with persistent symptoms. Plaintiff contended that we gave negligent advice and failed to communicate directly with the hospital. The patient returned to the hospital three (3) days later in shock and died within six hours of her arrival. An exact cause of death was never established although an allergy to medication was a possibility. Economic damages were projected up to a maximum of six million dollars. A Chester County jury found no negligence on the part of our client.
Doctor's Hand with Handcuff Holding Stethoscope — King Of Prussia, PA — McGilvery & Juliana
October - A 54-year-old woman was on chronic steroids for rheumatoid arthritis. The steroids caused a spontaneous compression fracture of her lumbar spine. She was sent to a rehabilitation facility under the care of our client, an internist who had treated the patient for a number of years. She arrived at the facility with a pressure ulcer (bed sore) which progressed. After three weeks she was sent to the hospital where a diagnosis of sepsis was made. She died four (4) days later.

The plaintiff contended that the pressure ulcer was negligently treated which allowed it to become infected and caused her death.

We argued that the patient's death was caused by her multiple medical conditions and her unwillingness to lie on her side. A Delaware County jury found no negligence on the part of our client.
July - A 62-year-old wife and mother presented to the hospital with constipation. Laxatives and other modalities were tried for a week without success. Our client, a surgeon, was consulted. We encourage ambulation and conservative care for another week. When an operation was performed, a perforation in the bowel was found which had been walled off by surrounding structures. When the bowel was mobilized, bowel content spilled into the abdomen. The patient became septic and died. A Montgomery County jury found no negligence on the part of our client.

May - A 56-year-old woman fell while attending a horse race. She presented to the local emergency room where a dislocated shoulder was diagnosed. In fact, the patient's shoulder was fractured. The plaintiff alleged that manipulating the shoulder in the emergency room made the fracture worse and removed treatment options. The patient went on to have three (3) operations and an extended period of disability. A Chester County Jury found in favor of our client, the emergency room physician.
April - A 50-year-old dentist was under the care of a psychiatrist for depression. Fourteen (14) days after an out-patient visit the patient committed suicide. The plaintiff's experts alleged that the defendant psychiatrist failed to recognize the seriousness of the patient's mental condition. It was also alleged that improper medications were prescribed and that the follow up was inadequate. The deceased was a high wage earner and over 8 million dollars in economic damages were claimed. The deceased was married and left behind a 12-year-old son. A Bucks County jury found no negligence on the part of our client, the psychiatrist.

January - Our client, a surgeon, performed a hernia repair on a 66-year-old obese woman. In the postoperative period, she developed fever, a rapid heart rate and laboratory changes. She required supplemental oxygen to breathe effectively. The patient was found dead in her hospital bed the morning of her third postoperative day. A Bucks county found no negligence on the part of our client.

2014

The plaintiff contended that the pressure ulcer was negligently treated which allowed it to become infected and caused her death. We argued that the patient's death was caused by her multiple medical conditions and her unwillingness to lie on her side. A Delaware County jury found no negligence on the part of our client

October - A 60-year-old grandmother accidentally drank her daughters Methadon. She was observed in the emergency room for 4 hours and was discharged around 1:00 a.m. She was found dead the following morning at 8:00 a.m. The cause of death was drug intoxication. Methadone was found in her blood. Plaintiff alleged that Methadone is a long-acting drug and that the patient should have been observed longer in the emergency room. We argued that the patient took additional drugs after she left the emergency room. A Philadelphia jury found in favor of our client, the emergency room attending.
August - A young girl was under the care of her pediatricians for the first 6 years of her life. She suffered from recurrent urinary tract infections. At age 7 she was found to have a nonfunctioning kidney which was surgically removed. Plaintiff alleged that her primary care doctors failed to properly work up her urinary tract infections leading to the loss of the kidney. We argued that there was no relationship between the loss of the kidney and any negligence. After a lengthy trial, a Montgomery County jury awarded $18,000.00 to the plaintiff, clearly accepting the defense causation arguments.

August - A 50-year-old executive presented to a local hospital with what was determined to be a stroke. Our client, a neurologist, supervised the administration of “clot-busting” drugs.

The medication was, initially, unsuccessful and the patient was admitted to the hospital for observation overnight. The plaintiff contended that the patient markedly deteriorated overnight and should have been transferred to an institution that had neurosurgery capabilities.
When our client came to the hospital the following day, the patient was transferred but neurosurgery declined to intervene because of very little chance of neurologic recovery. The patient died the next day.

The plaintiff was 50 years old and his economist projected over 4 Million Dollars in economic damages. A Bucks County jury found no negligence on the part of our client.
July - A 71-year-old man presented to the emergency room with chest pain. A cardiac catheterization was performed by our client. Following the catheterization, the patient complained of flank pain. His blood pressure dropped to a critical level. He was given fluids and transferred to the ICU. Because of some new EKG changes, he was returned to the catheterization lab. Nothing was found so a CT scan was performed. This revealed a massive bleed in the abdomen. The patient was transferred to another institution where he remained for a month and underwent seven surgeries. He had a permanent abdominal hernia as a result. Plaintiff alleged that our doctor took too long to diagnose the bleeding from the catheterization site. A Delaware County jury found in favor of our client.

June - A 32-year-old physician presented to the emergency room 2 days after having her first baby. She had a headache and elevated blood pressure. Our client, the emergency room physician, suspected that she was having complications from her epidural anesthesia. We consulted the anesthesia team as well as obstetrics.
A decision was made to admit the patient for observation and pain control. About two hours after leaving the emergency room the patient sustained a bleed in her brain (stroke). She was left with profound deficits and will require a lifetime of care. The plaintiff's experts projected over twenty (20) million dollars in future economic losses.

Plaintiff alleged that her high blood pressure, along with her headaches mandated medication to reduce her blood pressure.

We argued that her blood pressures were not high enough to warrant medication. Further, the plaintiff claimed that she suffered from a condition called pre-eclampsia. We pointed out that, in 2011, the standard definition of this condition included protein in the urine, which the plaintiff did not have.

A unanimous Federal Jury found in favor of all defendants.
May - A 51-year-old man had abdominal surgery for a bowel obstruction. Three days later (while still in the hospital), he died from a pulmonary embolism. Plaintiff alleged that our client, the surgeon, failed to recognize the signs and symptoms of a developing pulmonary embolism. A Philadelphia jury found no negligence on the part of our client.

March - A 62-year-old woman consulted with our client (Rheumatology) for finger pain. Medication was prescribed. The medication (Remicade) had an FDA warning about possible liver toxicity. The patient was on the medicine for three (3) months when she went into liver failure and died. We disputed that the Remicade was the cause of death. Our client had consulted with a liver specialist; when the medication was prescribed, who found no contraindication to the medication. A Chester County Jury found no negligence on the part of our client.

February - A 58-year-old woman was diagnosed with breast cancer. She had a mammogram performed 17 months prior to diagnosis. Our client, a radiologist, interpreted the mammogram. Plaintiff's expert opined that the mammogram showed evidence of cancer. It was alleged that the delay increased the chance of recurrence and the plaintiff's death from cancer. A Lehigh Valley Jury found no negligence on the part of our client.
Contact Attorney McGilvery today at 610-292-9100 to schedule an appointment.
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