The Pennsylvania Superior Court has affirmed a verdict in favor of two doctors sued by a man who claimed delays in treatment exacerbated his arthritis.

A three-judge panel consisting of Judges Susan Peikes Gantman, Maria McLaughlin and Kate Ford Elliott upheld the judgment in favor of doctors Frank O'Brien and James Matucci and Orthopaedic Consultants of Wyoming Valley.

A Luzerne County jury found the doctors were negligent in their care of plaintiff David Cragle, but that the negligence did not cause harm to Cragle, according to McLaughlin's Dec. 20 opinion.

Cragle argued on appeal that the alleged delays in treatment, such as failure to diagnose an infection, made the arthritis in his knee worse and that the jury's verdict was against the weight of the evidence. However, the defendants presented experts who claimed nothing about the timing of treatment that would have put Cragle at increased risk for worse arthritis.

Cragle countered that the experts failed to opine on whether the infection was an injury that caused harm to the plaintiff. Cragle requested a new trial.

However, the Superior Court held that the trial court did not abuse its discretion in holding the jury's verdict did not "shock the conscience."

"Cragle bore the burden of proving, by a preponderance of the evidence, that appellees' negligence caused him harm," McLaughlin said. "Cragle presented minimal testimony as to causation, and appellees presented opposing testimony. The evidence presented as to causation was not so grossly one-sided as to make rejection of the weight claim an abuse of discretion."

Cragle also argued that the trial court erred by failing to give the jury adverse inference instruction, over allegedly altered medical notes, under MCARE. But the trial court ruled that Cragle waived the issue.

"We agree with the trial court that the medical record 'alteration' in this matter was not the type or degree which supported the 'adverse inference' instruction," McLaughlin said. "The jury heard the testimony regarding the medical record notes, and heard the testimony that Dr. Matucci could not explain why the note was there. The note had information concerning events that all parties agreed did not happen, but there is no contention that the remainder of the note was inaccurate or that any information was missing from the note. Under the facts of this case, we see no reason to disturb the trial court's decision."

The plaintiff is represented by Philadelphia-based Gerard Martillotti, who did not return a call seeking comment.

The defendants are represented by Ryan McBride of Weber Gallagher Simpson Stapleton Fires & Newby in Scranton, who did not return a call seeking comment.