Thursday, October 11, 2012
Messrs. Robert H. Smith and Vito M. Masciopinto, with the assistance of Mark Baginskis and Deborah O’Brien, successfully defended an university hospital-based neurosurgeon, in a case involving a 62 year old woman who had undergone a femoral popliteal bypass, but suffered spinal anesthesia complications, including a loss of sensation and movement in her legs. The patient subsequently was paralyzed from the waist down, underwent a tracheostomy, and subsequent amputations of both legs. Medical expenses amounted to over 4 million dollars. The plaintiff alleged the neurosurgeon, who was not on staff at the hospital where the bypass procedure took place, provided a neurosurgical consultation, by accepting a call from a first year resident, without coming in to see, evaluate the patient or review her chart and MRI images. Defendant neurosurgeon denied a consultation took place; and the defense argued the phone call was only advice, not intended to be relied upon by the hospital. The plaintiff asked the jury for $21 million. After deliberating for 2 days, the jury returned a verdict in favor of the defendant.