The tangled litigation began in 2000 when Jurinko filed a medical malpractice lawsuit against SmithKline, Edelman and Marcincin because of the missed diagnosis. A MedPro claims adjuster assigned one lawyer to represent both doctors, creating a conflict of interest in violation of the Pennsylvania Rules of Professional Conduct. Although SmithKline settled the claims for $525,000, MedPro, which insured both Edelman and Marcincin, refused to settle despite numerous offers from the plaintiff's attorney, Mark Frost.
The case went to trial where a jury exonerated Edelman but found Marcincin liable for the missed diagnosis and recommended an award of $2.5 million, which exceeded the doctor's insurance coverage by $1.3 million. As part of a settlement, Marcincin assigned Jurinko his rights to pursue a bad faith claim against MedPro in exchange for Jurinko releasing him from the $1.3 million obligation.