Defense Verdict at Trial of Medical Malpractice Action in New York County Involving Orthopedic Spine Surgery

On February 14, 2022, Partner John Paterniti, assisted by Senior Associate Bridget Dahle and Associate Kerrianne Russo, earned a jury verdict in favor of his client an Orthopedic Spine Surgeon. In this case, plaintiff claimed that during the course of a complex lumbar fusion operation, the doctor negligently placed fixation hardware, including surgical screws, that impinged on the spinal nerves resulting in permanent neurological deficits. The plaintiff required a revision surgery and lengthy rehabilitation but continued to suffer from extreme pain and inability to ambulate without a walker. The defense demonstrated through various radiology imaging studies and intra-operative neuromonitoring reports that the physician exercised all due care in placing the hardware and the complication encountered was a known risk of surgery.