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Wrong-Sided Brain Surgery Trial
Halted Over Possible Juror Misconduct

Little Rock, Arkansas

LITTLE ROCK, ARK - Attorneys for parents suing Arkansas Children's Hospital over a wrong sided brain surgery abruptly halted the trial today citing possible juror misconduct.

"We have concerns about the accuracy of statements made during the jury selection process leading us to believe there has been a possibility of juror misconduct," said attorney Phillip Duncan. "Because we have been unable to talk to jurors to get to the facts, we believe it is in the best interests of our clients to halt the trial at this point and consider refilling the suit at some point in the future," he said. 

In Arkansas, plaintiffs who decide to end a trial may re file the suit within one year for any reason.

The decision came a short time after a juror handed a note to the bailiff, who then passed it to the judge. 

The trial concerns an operation where a surgery team at the hospital operated on both sides of 15-year-old Cody Metheny's brain (bilateral temporal lobectomies), leaving him brain injured. Surgery was only supposed to be performed on one side, but the surgeon began by operating on the wrong side.

In Tuesday's testimony, a hospital representative told the jury the hospital did not report to its accrediting agency (Joint Commission on Accreditation of Healthcare Organizations) that doctors had operated on the wrong side of a patient's brain "because our lawyers told us not to."

Pamela and Kenny Metheny, on behalf of Cody, now 19, are suing the hospital and its insurance company alleging basic safety protocols meant to prevent wrong-sided surgery were ignored, and that the hospital did not inform the Methenys of the surgery team's errors.

The Methenys are asking for unspecified compensation for their son's physical, emotional and mental harm as well as their own emotional distress. The surgeon settled with the family prior to the trial, which began Monday April 21, 2008. 

Note from Juror:
Please ask the jurors to be nice & keep their thoughts to themselves. There is a lot of talking coming from the top while testimony. My view will not be affected however I don't care to hear the remarks & laughter. It's really getting on my LAST NERVE! It's very childish & disrespectful.

FOR MORE INFORMATION
Contact
Teresa Kelly
512-328-4276 or
Richard Jenson
512-656-7934
rajenson@aol.com

FOR IMMEDIATE RELEASE Friday, May 20