Meagher + Geer partner, Tracy Kolb, recently obtained a defense verdict on behalf of a hospital client in a medical malpractice lawsuit filed in Burleigh County, North Dakota. Plaintiff parents alleged their infant sustained burns from heat from a radiant warmer that was used by an operating room team during a surgery. The defense countered that warming devices are the standard of care to keep an infant warm during surgery. Further, they are not capable of burning a patient. The jury returned a verdict in favor of the hospital, rejecting the obscurity of plaintiffs’ theory, along with their attempt to influence the jury with sympathy and emotion rather than evidence.