Morrison Mahoney Partner Noel Dumas & Associate Rachel McCloskey recently obtained a defense verdict in a two-week medical malpractice trial in Middlesex Superior Court. The case was tried in Lowell before Judge Wall.
The case involved a 31-year-old male who alleged an emergency room physician and pain specialist physician failed to timely diagnose and treat progressive spinal stenosis cauda equina syndrome leading to paralysis. Plaintiff also alleged that a spine surgeon, who ultimately performed surgery to treat Plaintiff’s spinal cord impingement, was negligent for failing to prevent post-op pressure ulcers. The defense maintained that they appropriately diagnosed patient with lumbar radiculopathy and that the patient had ultimately become paralyzed as a result of lying flat to undergo the MRI, which was appropriately ordered when the patient’s symptoms subsequently progressed. The defense of the pressure ulcer claim was that the Plaintiff was at high risk for pressure ulcers to form and that they were not avoidable under the circumstances. The plaintiff sought damages from the jury in the amount that exceeded $20,000,000.00. The jury found no negligence on behalf of all of the defendants.