JSH Partners Steve Bullington and Cory Tyszka Obtain Unanimous Defense Verdict in Postoperative Sepsis Wrongful Death Case

Steve Bullington & Cory Tyszka
Maricopa County Superior Court | October 2,2026

Jones, Skelton & Hochuli, PLC is pleased to announce Partners Steve Bullington and Cory Tyszka obtained a unanimous defense verdict for a general surgeon and his surgical practice in a wrongful death case.  The case involved allegations of medical negligence arising from the postoperative care of a 75‑year‑old patient who underwent a gastrectomy with Roux‑en‑Y reconstruction.  Following surgery, the patient developed an anastomotic leak that progressed to septic shock and multi‑organ failure, ultimately resulting in her death.

Plaintiff alleged that the surgeon breached the standard of care by ordering the patient to a general medical‑surgical floor without adequate monitoring orders.  Plaintiff contended that the patient’s overnight signs and symptoms, if recognized, would have led to earlier diagnosis and treatment that would have prevented her death.  Plaintiff asked the jury to allocate 80 percent of fault to the surgeon and 20 percent to the hospital codefendant, whose claims had been resolved before trial, and requested that the jury award a combined $2 million to the decedent’s three statutory beneficiaries.

The surgeon maintained that his care met or exceeded the standard of care at every stage of treatment – from the preoperative workup, through the surgery itself, to his postoperative assessment of the patient, his postoperative orders, and his response once he was notified of her decline the following morning.  The defense presented evidence that the nurse who cared for the patient overnight never raised any concern to the surgeon or on-call resident until it was too late.

The case was tried in Maricopa County Superior Court.  Following a seven‑day trial, a ten‑person jury returned a unanimous defense verdict in favor of the defense after deliberating for just over an hour.