Allegations of "Leaky" Cement by Pain Management Physician found not Guilty

April, 2023
Featuring Thomas A. Lang and Marni R. Slavick
Posted in: Medical and Professional Negligence
Marni R. Slavick and Thomas A. Lang obtained a defense verdict on behalf of their clients, a pain management physician and his practice group, following a week-long trial in the Circuit Court of Cook County before Judge Maura Slattery-Boyle.  Plaintiff suffered a T9 vertebral fracture as the result of a boating accident and sought treatment from the defendant pain management physician, who performed a kyphoplasty (a procedure wherein cement is injected into the fractured bone to help provide stabilization and support for healing and to help with pain complaints.)  During the course of the procedure, some of the cement extravasated.  Plaintiff claimed that the leaked cement caused a permanent injury to her T9 nerve, resulting in permanent pain complaints in her back, side and abdomen.  Plaintiff further claimed that the defendant failed to timely diagnose the condition and failed to timely refer the patient for treatment to remove the cement.  The defense presented evidence that the plaintiff was seen promptly following the procedure once she manifested pain complaints and that time was not of the essence in addressing the cement, as the damage to the nerve occurred both from the original fracture and from the heated cement used during the procedure.  The plaintiff asked the jury to award $2.56 million in damages.  The jury returned a verdict in favor of the defendant pain management physician and his practice group.