posted on April 13, 2015 by Willingham & Cote
Mr. Michael Stephenson had two successful medical malpractice trial wins in March. Both successful outcomes demonstrated Mr. Stephenson’s extensive medical knowledge and litigation expertise.
The first case involved an alleged transection of a spinal accessory nerve leading to nerve weakness in the Plaintiff’s shoulder. As a result, the Plaintiff underwent a nerve transplant and shoulder pinning surgery. This injury was not recognized for four months. The Plaintiff argued that the Defendant negligently severed the nerve during a lymph node biopsy because he failed to identify the nerve and protect it, as well as failing to properly examine the Plaintiff postoperatively. The defense argued that an injury to the nerve was a known risk of the procedure. Furthermore, the defense argued that the Defendant had no reason to conduct a more rigorous exam postoperatively as he had no reason to suspect nerve injury.
Later that same month, Mr. Stephenson participated in a case where the Plaintiff alleged unnecessary chemotherapy, unnecessary placement of an infusion port, permanent scarring and other emotional and economic damages. The Plaintiff argued that the pathologist made an over-call by definitively diagnosing lymphoma and that the oncologist should have deferred treatment until after the results of the second opinion. The pathologist argued that although the diagnosis turned out to be an over-call, it was the best diagnosis at that time. The oncologist argued that it was reasonable to offer the patient the option of starting treatment or waiting for the second opinion. The patient chose treatment.