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Senior Trial Partner Michael A. Sonkin, Partner Amy E. Korn, and Associate Lauren Bisogno successfully obtained a Defense Verdict in New York County Supreme Court in a case involving the decision to recommend and offer an L4/5 microdiscectomy by MCB's clients, a neurologist and neurosurgeon, to the then 47-year-old plaintiff who was experiencing a disc herniation at L4/5 with severe, debilitating pain, as well as diminished neurologic function in her lower extremity. Plaintiff alleged, that as a result of the microdiscectomy, she developed a permanent chronic pain syndrome which included neuropathic pain, allodynia, and hypersensitivity. These injuries were alleged to have not only caused severe, permanent pain and suffering, but also caused her to lose her corporate attorney career with very substantial lost earnings.
MCB demonstrated at trial that the decision to offer the above surgery was appropriate and was offered along with additional options, including an epidural steroid injection and medical pain management. It was claimed that the defendants should not have recommended surgery, but the defense successfully demonstrated that the recommendation was made only after the patient expressed the desire for rapid relief and return of function, for which surgery was the best option.
MCB further demonstrated at trial that the plaintiff's alleged injuries were not the result of the microdiscectomy, but rather the result of the improper prescription and management of opioids by a non-party pain management physician, as well as that non-party physician's performance, 12 months after the subject surgery, of a contraindicated thermal lesioning procedure of nerves for facet syndrome of the lumbar spine.
The trial lasted over 6 weeks, including jury selection. After one hour of deliberations, the jury returned a defense verdict in favor of MCB's neurologist and MCB's neurosurgeon.