Scott Herbert and Timothy Dobry Obtain Defense Verdict on Behalf of Orthopedic Spine Surgeon

Featuring Scott A. Herbert and Timothy F. Dobry

CMV’s client performed a decompressive laminectomy on Plaintiff to address a massively herniated thoracic disk which occurred after Plaintiff fell down a flight of stairs five months earlier.  The 29-year-old Plaintiff alleged that the spine surgeon used an improper approach to remove the herniated disk, causing a spinal cord injury resulting in significant permanent neurological deficits.  Plaintiff’s counsel did not ask for a specific dollar figure in damages, but rather suggested to the jury that their verdict for Plaintiff should “contain a lot of zeroes.”  The defense argued that despite the result, which is a known risk of any spine procedure, the approach used by the surgeon was within the standard of care.  Despite Plaintiff’s permanent neurological injuries, including numbness from her chest to her toes, ongoing pain, weakness and bowel and bladder deficiencies, the jury found in favor of the defendant spine surgeon.