to a neurosurgeon who performed a sec- ond surgery on her on November 3, 1996 to remove the graft and broken nerve hook.␣ It was determined at that time that the original graft was probably in excess of 20 millimeters, instead of the 15 milli- meter graft intended, and was placed too deeply in the disc space so that it pro- truded into the spinal canal and impinged on the nerve roots.␣ As a result of the pro- longed period of impingement, the plaintiff was left with permanent nerve damage which produced a chronic pain syndrome.␣ As a result, she is required to take medication probably for the rest of her life and will also probably require the implantation of a spinal cord stimulation device, which will need replacement ap- proximately every six years for the remainder of her life.
Allegations of Liability: Plaintiff alleged that Dr. Nathan placed a bone graft that was too large for the disk space and pro- truded into the spinal canal impinging on the nerve roots.␣ ␣ Defendant denied that the bone graft was too large and placed too deeply and provided expert testimony from two neurosurgeons indicating that the bone graft was of proper size and was not in the spinal canal.
Injuries/Damages:␣ ␣ The plaintiff’s past medical expenses prior to trial were $22,755 and past loss of earnings of $46,850.␣ Plaintiffs had an economist project the cost of future medical care at $143,000 for future medication and $87,000 for future implantation of spi- nal cord stimulation devices and replacements.␣ Because plaintiff’s doctors were of the opinion that she was not un- able to work, but could work with certain limitations, no claim was made for future wage loss.␣ There was also testimony pre- sented that the plaintiff was limited in doing housework, that she could not stand or sit for extended periods of time, that she had difficulty sleeping and that she could no longer go hiking, biking or take part in other recreational activities which she formerly participated in.
Plaintiff’s Experts: Kuhrt Weineke, M.D. (Spinal Surgery) Massachusetts and Joel Winer, M.D., (Neurosurgeon) York, Pennsylvania. Defendant’s Experts: Bruce Ammerman, M.D. (Neurosurgeon) Washington, D.C. and Thomas McGrail (Neurosurgeon) Washington, D.C.␣
Verdict/Settlement:␣ ␣ $889,605 verdict for wrongful placement of bone graft dur-
Winter 2001
ing anterior cervical fusion: $22,755 for past medical expenses; $220,000 for fu- ture medical expenses; $46,850 for past lost of earnings; $500,000 for pain and suffering; and $100,000 for loss of con- sortium.␣ Prior to trial, a demand of $600,000 had been made and no offer was forthcoming from the defendant for settlement.
Special Remarks: Because the $600,000 in non-economic damage exceeded Maryland’s cap, an $85,000 reduction in the award was granted in a Motion for Remittiur, pursuant to the Cap Statute.␣ It is believed that this is the largest jury verdict in a malpractice case in Frederick County.
Plaintiff ’s Counsel: Stuart M. Salsbury (MTLA Member) and Michael Smith (MTLA Member) of Israelson, Salsbury, Clements & Bekman, L.L.C., Baltimore, Maryland.
Defense Counsel: Frederick W. Goundry, Frederick County, Maryland.
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Plaintiff v. Defendant Primary Care Provider and Defendant Primary Care Provider’s Practice Circuit Court for Montgomery County, Maryland
Facts: For almost three years, the Defen- dants were the Plaintiff ’s primary health care providers. During this time, the Defendant’s medical records revealed that the Plaintiff repeatedly complained of back pain, hip pain, leg weakness, being off balance, difficulty urinating and/or difficulty defecating. Despite these com- plaints, the Defendants negligently failed to perform a neurological exam upon her or to send her to a neurologist for evalua- tion. Finally, the Plaintiff became unable to
walk, went to an emergency room, and within hours was diagnosed with one of the largest benign spinal cord tumors (an ependymona) ever found. The tumor subsequently was removed; however, be- cause of the delay in diagnosis the Plaintiff now is severely disabled. The Plaintiff ’s treating physicians, a
Neurosurgeon and Neurologist, are world-renowned authorities on spinal chord tumors. They testified as experts for the Plaintiff that the Plaintiff was neg- ligently treated and that if she had been appropriately treated she would be lead- ing a normal life today.
Trial Reporter
Allegations of Liability: The Plaintiff al- leged in this case that if the Defendants had timely diagnosed her spinal cord tu- mor she would be leading a normal life today. Due to the delay in diagnosis, how- ever, she suffered millions of dollars in damages and, at age 34 years old, is con- fined to a wheelchair in severe neuropathic pain, and unable to urinate or defecate on her own for the rest of her life.
Injuries/Damages: Severe neuropathic pain, inability to walk, inability to uri- nate and inability to defecate.
Defense Experts: Fred Epstein, M.D. (Neurosurgeon) New York, Joao Siffert, M.D. (Neurologist) New York, Adrian Schnall, M.D. (Internist) Ohio, Mona Yudkoff, (Life Care Planner) Pennsylva- nia, Steve Shedlin, (Vocational Expert) Maryland, Herman Miller (Economist) Maryland.
Defense Experts: William Queale, M.D. (Internist) Towson, MD, Bruce Ammerman, M.D. (Neurosurgeon) Washington, D.C., David Buchholtz (Neurologist) Baltimore, MD, Clarance Duke (Physical Medicine) Silver Spring, MD, John Henderson M.D. (Psychiatrist) Towson, MD, Ellen Barker (Life Care Planner) Greenville, DE, and Thomas Grogan (Economist) Philadelphia, PA.
Verdict/Settlement: Settled the day be- fore trial for $2,000,000
Plaintiff ’s Counsel: Andrew G. Slutkin (MTLA member) Snyder, Weiner, Weltchek, Jacobs and Slutkin; Baltimore, MD
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Robert Mayher, Personal Rep. Of the Estate of Margot Mayher, et al. v. Stuart Selonick, M.D. Circuit Court for Baltimore City No. 24-C-99-003759
Facts: Plaintiff decedent, Margot Mayher, was a diabetic with a history of wound healing problems. Defendant was her internist. During an admission to Anne Arundel Medical Center in July 1996, her left foot was noted to be red, swollen, and warm with purulent drainage. Cultures were positive for methicillin resistant staph aureus. Mrs. Mayher dies from overwhelming sepsis on August 13, 1996.
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