Sam Leib and Aaron Birnbaum represented a neurosurgeon in a two week jury trial in Racine, WI. After exhaustion of all “conservative” therapies as a result of chronic lumbar and cervical back problems, Plaintiff contended that an anterior cervical three level fusion was performed negligently such that there was migration of the plate, loss of purchase by screws and kyphosis of the spine. The anterior hardware was removed after the known complications occurred and new cervical hardware was installed posteriorly, along with extension to an adjacent level thus creating a four level fusion. Despite successful fusion with posterior fixation, an esophageal tear was diagnosed resulting in exploration and repair. With presentation by national experts in the specialties of neurosurgery, otolaryngology and physical medicine and rehabilitation, the jury returned a unanimous verdict in favor of the defense.
Sam Leib and Aaron Birnbaum Successfully Defend Neurosurgeon in Three Level Fusion
