Surgeon Exonerated in Neurologic Injury Case
Mr. Jakub successfully defended an orthopedic surgeon before a Queens County jury against claims that he caused permanent paralysis and neurologic dysfunction while performing a total hip replacement surgery.
Mr. Jakub’s client performed a right total hip replacement surgery on his patient in July 2012, following which the patient was diagnosed with a “foot drop” and subsequent EMG and nerve conduction studies revealed damage to the popliteal and tibial branches of the patient’s sciatic nerve. The plaintiff, a 68 year old married female is required to ambulate with a brace and cane and her condition was conceded to be permanent.
The case was tried for two weeks before a Queens County jury which unanimously concluded, after only 20 minutes of deliberations, that the surgeon did not depart from accepted standards of practice in the surgery and determined that the nerve damage was in fact attributable to a known risk of properly performed surgery.
Johnson v. Harris, Supreme Court Queens County (71007/14; June 1, 2017 verdict before Judge Timothy J. Dufficy).