DEFENSE VERDICT FOR NEUROSURGEON IN SPINAL FUSION CASE

Mr. Jakub obtained a unanimous defense verdict before an Essex County jury on behalf of a New Jersey neurosurgeon who performed cervical fusion surgery which was complicated by a hypoglossal nerve injury.  Plaintiff claimed that there was no indication to perform surgery at the C2-3 level as there was minimal if any degenerative disease there, no neurological deficits attributable to a problem at that level and because of the significant risk of nerve injury when operating so high on the cervical spine.   Mr. Jakub demonstrated through Imaging studies projected on a screen in the courtroom that there was an indication to perform surgery there and that the nerve injury was an unfortunate yet recognized risk of the procedure.  

The plaintiff developed chronic dysphasia and dysphonia from the nerve injury which significantly impacted his dietary habits, sleeping arrangements with his wife and activities of daily living. Nevertheless, the jury found in favor of Mr. Jakub’s client.