Morrison Mahoney Partner Noel Dumas and Associate Rachel McCloskey Forbes recently obtained a defense verdict in a 6-day medical malpractice trial before Judge Squires-Lee in Suffolk Superior Court.
The plaintiff alleged that the defendant spine surgeon was negligent in failing to identify a condition known as OPLL on pre-operative imaging. The plaintiff became paralyzed as a result of the surgery performed by the defendant. The plaintiff further alleged a failure of the defendant to obtain the patient’s informed consent with respect to an alleged increased risk of paralysis during the surgery.
The defense centered on the lack of OPLL on the pre-operative imaging and the various references in the medical records to a discussion of the risks and benefits of the surgery. The plaintiff provided notice pursuant to MRCP 51(a)(2) seeking $19M in damages from the jury. The jury found no negligence and no failure to obtain informed consent. Special thanks to Amy Litchfield-Kennedy and Katina Brown for their great help leading up to trial.
