$5.8M Verdict for Surgical Error
A family turned to our firm after a preventable surgical error left their father with permanent nerve damage. With the hospital denying liability and their insurer offering a fraction of the true damages, we took the case to trial — and won.
A family seeking accountability
Thomas Brennan, 62, went in for a routine spinal decompression surgery. During the procedure, the surgeon severed a nerve root — causing permanent loss of mobility in his left leg. The hospital's internal review concluded no error had occurred. Their insurer offered $180,000 — barely enough to cover past medical bills.
Thomas's family came to us frustrated, overwhelmed, and unsure whether they had a case worth pursuing. We told them they did.
Independent Medical Review
We retained three board-certified specialists to conduct independent reviews of Thomas's surgical records, imaging, and post-operative notes. All three concluded the nerve damage was caused by a deviation from the standard of care during the procedure.
Building the Evidence
Through discovery, we obtained the surgeon's full operating history and identified a pattern of similar complications. We deposed the surgical team, the hospital's quality assurance director, and the risk management officer — establishing that the hospital was aware of prior incidents.
Rejecting the Settlement Offer
The defense raised their offer to $1.2 million before trial. After careful analysis of Thomas's lifetime care costs, lost income, and pain and suffering, we advised the family this undervalued their case significantly. They agreed to proceed to trial.
Trial and Verdict
Over six days of trial, we presented expert testimony, surgical records, and the hospital's own internal documents. The jury deliberated for four hours before returning a $5.8 million verdict — covering lifetime medical care, lost wages, and compensatory damages.
Justice delivered
The $5.8 million verdict provided Thomas and his family with the resources for ongoing physical therapy, home modifications, and lifetime medical care. It also ensured fair compensation for lost income and the profound impact on his quality of life.
Following the verdict, the hospital revised its surgical oversight protocols and implemented additional training requirements for the procedure in question.
“They told us our case was worth fighting for when everyone else said to take what we could get. Because of their work, my father has the care he needs for the rest of his life. We will never be able to thank them enough.”
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