Morrison Mahoney Partner John Flahive obtained a defense verdict following a week-and-a-half-long medical malpractice trial in the Worcester County Superior Court.
The plaintiff alleged that our client, an orthopedic spine surgeon, performed a more extensive cervical spine surgery than what was indicated and agreed upon by the patient, resulting in permanent and disabling neck pain. The plaintiff, 52 years of age, was seeking damages for medical expenses in excess of $250,000, impairment of earning capacity as he was determined to be disabled following the surgery, and permanent pain and suffering. In response to the allegations, we were able to demonstrate that there was pathology at all of the levels involved in the surgery and that numerous providers, in addition to the defendant, discussed the proposed procedure with the plaintiff. The jury returned with a defense verdict after an hour and a half of deliberations.
