Lamb McErlane Partners Maureen M. McBride and James (Jim) C. Sargent helped score a significant victory for their health care clients in a medical malpractice appeal. In Cowher v. Kodali, the Pennsylvania Superior Court vacated approximately $4 million of a $6 million Lehigh County jury verdict after concluding that the trial court improperly allowed evidence from an expert cardiologist to be introduced at trial. Maureen M. McBride and Jim Sargent were counsel for Defendants Sohban Kodali and St. Luke’s Health Network.

The case involved claims against St. Luke’s and cardiologist Dr. Kodali alleging that Defendants failed to properly treat James Cowher II, who later died after jogging. The Superior Court held that plaintiff’s expert’s testimony that Mr. Cowher was conscious, able to feel pain or felt pain immediately prior to his death was not supported by medicine or science and that his testimony improperly echoed the testimony of Mr. Cowher’s neighbor under the guise of expert opinion. Given the “undue weight” juries ascribe to expert testimony, the Superior Court held that the admission of this expert testimony was prejudicial error and required the grant of a new trial on plaintiff’s survival act claims.  

At Lamb McErlane McBride concentrates her practice on appellate law and commercial litigation in state and federal courts.  She is Co-Chair of the firm’s Appellate Department and a member of the Firm’s Litigation Department and Executive Committee. 

Sargent is Co-Chair of Lamb McErlane’s Appellate Advocacy Group and Litigation Department.  He represents national and multinational companies and manufacturers, as well as small businesses in litigation and appeals.

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