Michael B. Barkley

Representative successful results obtained by Michael on behalf of his clients include the following:

Obtained a defense verdict on behalf of a Maternal Fetal Medicine Specialist in a Superior Court jury trial. The case involved a fetal demise at 22 weeks gestation. The plaintiff alleged that the defendant negligently failed to identify a prematurely dilating cervix on a limited ultrasound study performed 8 days prior to the plaintiff going into labor and delivering a previable infant.

Obtained a defense verdict on behalf of a hospitalist in a Superior Court jury trial.  The plaintiff alleged that the defendant hospitalist misdiagnosed symptoms of a cerebellar stroke as sinusitis and inner ear dysfunction, resulting in a delay in diagnosis of the cerebellar stroke and causing brainstem herniation and premature death of a 38 year old man.

Obtained a defense verdict in a Superior Court jury trial on behalf of an orthopedic surgeon in a case in which it was alleged that the surgeon was negligent in failing to order a biopsy or additional imaging of a mass, resulting in a delay in diagnosis of Non-Hodgkin's Lymphoma.  The plaintiff alleged that as a result of the delay, her disease progressed to an advanced stage, limiting her treatment options and impacting her prognosis and life expectancy. 

Obtained a defense verdict in a Superior Court jury trial on behalf of a hand surgeon in a case brought by a plaintiff musician who had an unfortunate outcome after surgical repair of a fracture of the proximal phalanx of the fifth finger.  The plaintiff alleged negligent surgical technique and negligent performance of a secondary procedure.

Obtained a defense verdict in a Superior Court jury trial on behalf of an Ob/Gyn in a case involving allegedly negligent surgical treatment of a patient undergoing an urgent laparoscopic salpingectomy converted to salpingo-oophorectomy procedure, resulting in injury to an inferior epigastric vessel, the need for subsequent surgery, ongoing pain and suffering and scarring.

Obtained a defense verdict on behalf of a registered nurse in a Superior Court jury trial in a case brought by a patient who had been admitted to a hospital's medical/surgical unit for observation following a suspected TIA. The Plaintiff alleged that the Defendant nurse failed to recognize neurologic changes and report them to the attending physician, and also failed to follow the attending physician's orders regarding the timing of neurologic checks. Unfortunately, the Plaintiff suffered a large ischemic stroke during the overnight hours, while admitted to the hospital. The jury found that the registered nurse was not negligent.

Obtained a defense verdict on behalf a primary care physician in a claim involving an alleged failure to obtain consultations and follow-up imaging that allegedly would have prevented the plaintiff from experiencing an ischemic pontine stroke.  

Obtained a defense verdict in Superior Court on behalf of a surgical oncologist and a thoracic surgeon, in a case in which it was alleged that the defendants were negligent in the manner in which they positioned the patient on the operating table and protected pressure points, prior to a lengthy surgery to remove a chondroma from the patient's chest wall. Following the procedure, the patient was diagnosed with compartment syndrome of the thenar eminence of the right hand, allegedly as a result of improper positioning or padding, requiring multiple surgical procedures and allegedly resulting in permanent nerve injury.

Obtained a defense verdict in a Superior Court jury trial on behalf of an interventional radiologist. The case involved a procedure to declot an arteriovenous graft, during which the brachial vein was injured, allegedly resulting in compartment syndrome and injury to the median nerve.

Obtained a defense verdict in a Superior Court jury trial on behalf of an oral and maxillofacial surgeon in a claim involving an allegation of negligent pre-operative workup and negligent performance of a surgical procedure to remove a foreign body from the patient's antrum and repair an oral-antral communication, allegedly resulting in an acute postoperative palatal hemorrhage, five day hospitalization, multiple subsequent surgeries, and a chronic oral-antral fistula.

Obtained a defense verdict in a Superior Court jury trial on behalf of an ophthalmologist in a claim involving an emergency department consultation in which the plaintiff was allegedly discharged from the hospital with an improper medication, allegedly resulting in perforation of the cornea and need for corneal transplant.