Doctor injury spinal nerve during biopsy – $1.85 Million Verdict

The case involved a 33-year-old woman who underwent a lymph node biopsy in August 2011. During the procedure, the defendant ENT doctor transected the plaintiff’s spinal accessory nerve, causing permanent atrophy and paralysis of the trapezius muscle with significant pain, range of motion issues, and scapula winging.

The jury returned a verdict of $1.85 million in non-economic pain and suffering, along with pre-judgment interest dating back to August 2011.

[18-T-053]

Type of action: Medical Malpractice

Injuries alleged: Injured spinal accessory nerve, causing permanent atrophy and paralysis of the trapezius muscle with significant pain, range of motion issues, and scapula winging.

Name of case: Nikes v. Abidin, M.D., et al.

Court: Fairfax Circuit Court

Case no.: CL 2015-08970

Tried before: Jury

Name of judge or mediator: Judge Thomas P. Mann

Date resolved: May 9, 2018

Verdict or settlement: Verdict

Amount: $1,850,000

Attorneys for plaintiff: Aaron L. Moore and Jeffrey S. Quinn, Baltimore, MD

Attorneys for defendant: Heather E. Zaug and James N. Knaack, Fairfax

Plaintiff’s experts: Michael Alexiou, M.D.: Otolaryngology–Head and Neck Surgery; Joel Bowers, M.D.: Neuroradiology; Paul Auwaerter, M.D.: Infectious Disease; Ruben Cintron, M.D.: Neurology; and Allan Belzberg, M.D.: Neurosurgery

Defendant’s experts: Robert Brager, M.D.: Otolaryngology–Head and Neck Surgery; and Scott Morin, M.D.: Otolaryngology–Head and Neck Surgery.

Insurance carrier: Mag Mutual