Thomas, Thomas & Hafer, LLP

Defense Verdict in Medical Malpractice Trial

Evan Black received a defense verdict for a gynecologic surgeon, in which the Plaintiff alleged improper positioning during an operation, which resulted in several brachial plexus injury.

No demand was made. The Plaintiff alleged she suffered intractable pain in the shoulder, arm and hand, from the nerve injury, which was alleged to have resulted in permanent disfigurement, loss of use of the extremity and loss of business opportunities.

The Defendant was able to demonstrate that the Plaintiff complained of highly variable symptoms after the surgery, as well as different dates of onset and nature of the symptoms, reported to subsequent treating health care providers. The physician provided evidence that even with proper positioning and monitoring during the operation, brachial plexus injury may nevertheless result.