Ted Smith, with assistance from Kinga Fenikowska, recently won a medical malpractice case out on Long Island. Ted and Kinga successfully defended an orthopedic spine surgeon and consulting urologist accused of failing to timely diagnose and treat a cauda equina injury following a decompressive lumbar laminectomy for spinal stenosis. Plaintiff alleged the surgeon failed to adequately decompress the L3-L4 lumbar level and identify a dural tear and cerebrospinal fluid leak intra-operatively, with both specialists then allegedly failing to recognize symptoms of Cauda Equina Syndrome during plaintiff’s in-patient hospital recovery, leading to urinary and bowel incontinence and permanent impotence.
Plaintiff claimed multiple departures from the standard of care and asked the jury to award a total of $7,000,000 for past and future pain and suffering following a near month long trial. After two days of deliberations, the Suffolk County jury returned a verdict in favor of both physicians on all counts.
