Patrick C. Carey, Esq., a partner in Cipriani & Werner, P.C.’s Scranton office, recently obtained a defense verdict for a neurosurgeon who was practicing at Lehigh Valley Hospital – Cedar Crest.

In this case, Plaintiff was a 42-year-old female who suffered ongoing issues with back pain and bilateral lower extremity numbness and tingling.  Radiographic imaging showed Plaintiff had a large, extruded disc fragment at T7-8 resulting in narrowing/complete obliteration of the spinal canal and severe spinal cord compression.  Conservative treatment was unsuccessful.  Plaintiff was referred for a neurosurgery consultation and subsequently underwent surgery with Defendant neurosurgeon to decompress the spinal cord and attempt removal of the disc.

During the complex and challenging surgery, the neuro-monitoring signals dropped mid-surgery and the procedure was aborted to allow the spinal cord to recover.  Post-surgery, Plaintiff was unable to move her lower extremities and had no sensation below T8.  Plaintiff alleges Defendant neurosurgeon deviated from the standard of neurosurgical care by approaching the procedure incorrectly for the safe and complete removal of the disc herniation, performing the surgery inappropriately, and terminating the operation after losing neuro-monitoring signals without accomplishing removal of the disc.

During the month-long trial before the Honorable Michele Varricchio in Lehigh County, Attorney Carey called expert witnesses who established that, despite a particularly high-risk procedure with a considerable risk of paralysis in the process of disc removal, the approach used by Defendant neurosurgeon was an acceptable approach for the treatment of a calcified thoracic disc herniation.  Defendants’ experts testified that there are three different approaches that could have been used for the safe and successful removal of a thoracic disc herniation, all of which met the standard of care.  Attorney Carey further proved through expert testimony that, given the chronicity and progressive nature of the patient's symptoms with almost total obliteration of the spinal canal, severe spinal cord compression and preexisting cord damage, as confirmed on imaging, even if this surgery was able to have been completed without loss of electrophysiological signals, this patient would have had ongoing residual symptoms that would impair her abilities and interfere with activities of daily life and gainful employment.

After several hours of deliberation, the jury returned a unanimous defense verdict.

If you have any questions about this case, please contact Pat Carey, Esq. at PCarey@c-wlaw.com or (570) 347-0600.