Another appellate victory for Lowis & Gellen LLP's Appellate Lawyers.

In the trial court, Lowis & Gellen partner Mark Smith represented a physician in a case tried to verdict involving the death of a two year old girl. A pharmacy, named as co-defendant, settled prior to trial, paying $90,000. At trial, the girl's mother testified that she had administered viscous lidocaine to her daughter by mouth. The issue in the case was whether the defendant doctor had properly instructed the mother on how the medication was to be administered. The doctor testified that he had told the mother to administer the medication by applying it to the sores in the girl’s mouth with a Q-Tip. The mother testified that she received no such instruction, even though the first time she administered the medication, she administered it using a Q-Tip. A verdict was returned in favor of the plaintiff with the jury finding that the defendant doctor and mother were both 50% negligent. A judgment was entered in favor of the plaintiff in the amount of $75,000, but this amount was subject to a set off in the amount of the co-defendant's prior settlement, resulting in a net obligation of $0 for Mark Smith's client. This award was not based on any evidence as to economic damages but was solely for the loss of society suffered by the parents and three siblings.

The plaintiff was dissatisfied with the jury's award of damages and moved for a new trial. Joan M. Kubalanza, also a partner at Lowis & Gellen, wrote the Defendant's Response to the Plaintiff's Motion for a New Trial and won in the trial court. The plaintiff appealed and Joan along with Mehreen S. Sherwani wrote the Appellee's Brief. The Appellate Court affirmed the trial court's denial of the request for a new trial on October 27, 2004.