Date: 10-22-2009

Case Style: Sally Clawson v. Dr. Lawrence Rothstein, et al.

Case Number:

Judge:

Court: Montgomery County, Ohio

Plaintiff's Attorney: Jay Kelley, Phillip Kuri and Egan Kilbane, Elk & Elk Co., Ltd., Cleveland, Ohio

Defendant's Attorney: Michael Lyon, Lindhorst & Dreidame Co., L.P.A., Cincinnati, Ohio for Dr. Rothstein David Lockemeyer, Triona, Calderhead & Lockemeyer, Ltd., Cincinnati, Ohio for Riverview Health Institute

Description: Sally Clawson's son Michael sued Dr. Lawrence Rothstein, Dr. Cara Powers, Riverview Health Institute, and a nurse on medical negligence theories (medical malpractice) claiming that substandard care provided to her directed caused her to suffer permanent brain damage after outpatient back surgery. Clawson, age 59, complained of pain and was given 20 m. of morphine and then 20 mg of Valium. She started vomiting and was given additional medication. She then became unresponsive. she drifted in and out of consciousness. She was eventually intubated but sustained brain damage. Mrs. Clawson now suffers seizures, cannot speak, and requires help eating.

The defenses asserted by defendants are not available.

Outcome: Plaintiff's verdict for $6.3 million against Dr. Lawrence Rothstein and Riverview Health Institute.

Plaintiff's Experts:

Defendant's Experts:

Comments: My wife was severely damaged by Dr. Rothstein as were 19 or 20 other people. We took action against him but he had filed bankruptcy and we recovered $47,000. This has been debilitating for her and I.’ My question is this: considering that the laser manufacturer sold him a device that was not approved for the use he put it to and that a representative from that company was present during the unintended use, should not the manufacturer have some liability in these suits? I also would like to pursue criminal charges against him. Do you think your clients would also charge him with criminal assault? Thanks for your consideration, Bruce Gardner