WHEELING, WV / PITTSBURGH, PA — An Ohio County, West Virginia jury has returned a $3.77 Million verdict in a medical malpractice case against a doctor and a physician’s assistant at WVU Medicine Wheeling Hospital.
Following a four-day trial, the jury found both Dr. Barry Mitchell and Physician’s Assistant Michelle Porembka negligent in their medical care of 64-year-old Julie Daley when she presented with abdominal complaints at the Wheeling Hospital emergency room in June 2022. As a result of the medical care providers’ failure to timely and properly treat her condition, Daley ultimately sustained a perforated colon along with necrosis which ultimately led to her needing to have a permanent colostomy.
The jury found that the conduct of both Mitchell and Poermbka fell below the standard of care for medical care providers in their field and that their negligence proximately caused injuries and damages to Mrs. Daley. Daley was represented at trial by Geoff Brown and Tyler Smith of the Wheeling law firm of Bordas & Bordas.
Following the verdict, Smith commented, “We are pleased that the jury recognized that this should not have happened to Julie Daley and that they compensated her for the life-long effects that she will have as a result of the negligence of the medical providers.”
Mark Robinson and David Givens of Flaherty, Sensabaugh, and Bonasso represented the medical providers at trial. Circuit Court Judge Jason Cuomo presided over the case.
Brown stated “Our practice is based upon fighting for justice for people who have been injured or wronged by others. Helping others is at the root of everything that we do and we are glad that we were able to help Julie and her family obtain a measure of justice through this case and this result.”
