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Plaintiff suffered continued numbness in leg after surgery – $150,000 settlement

Plaintiff presented to a neurosurgeon for a consultation regarding protracted lower left extremity pain. An MRI was ordered. The neurosurgeon recommended a decom­pression laminectomy, bilateral facetecto­mies and discectomy on both sides.

Surgery was performed without ade­quate imaging to verify placement of the hardware. After surgery, plaintiff had com­plaints of residual numbness and a par­esthesia in her right leg. She also demon­strated an antalgic gait in her right leg. The neurosurgeon did not order radiologi­cal studies after surgery to confirm proper placement of the screws.

The neurosurgeon placed S1 screws so they impinged into plaintiff’s nerve route. The neurosurgeon failed to verify placement of plaintiff’s medical hardware during and following plaintiff’s surgery; neurosurgeon failed to have adequate post-op­erative imaging done following surgery; neurosurgeon failed to investigate plain­tiff’s post-operative symptoms in a timely manner and failed to remove the displaced pedicle screw in a rea­sonable time following the surgery.

Plaintiff has had two previous back surger­ies. Liability, causation and damages were highly contested.


Type of action: Medical Malpractice/Personal Injury

Injuries alleged: Residual numbness and paresthesia in Plaintiff’s right leg/antalgic gait in right leg

Name of case: Plaintiff vs. Neurosurgeon

Court: Eastern Virginia

Date resolved: Sept. 29, 2016

Demand: $975,000.00

Verdict or settlement: Negotiated Settlement

Amount: $150,000.00

Attorneys for plaintiff: John E. Zydron and Eric K. Washburn, Virginia Beach