Case Result

$1.3M

Medical Malpractice

Trial Verdict

Englewood, CO

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Case Details

The plaintiff had herniated disks in his lower back. The defendant, an orthopedic surgeon, performed a two-level lumbar spine fusion. The plaintiff alleged that the defendant negligently performed the lumbar spine fusion, malpositioned a pedicle screw at the L4 level and failed to acknowledge or diagnose the malpositioned pedicle screw. After the surgery, the plaintiff reported new neurological symptoms indicative of a malpositioned pedicle screw causing root compression. Approximately eight months after the surgery, the plaintiff sought a second opinion from another orthopedic surgeon, who diagnosed the malpositioned screw and promptly removed it.

Additional Notes

Defendant claimed neurological symptoms were pre-existing and screw was not malpositioned. Injuries included severe neurological pain, weakness, loss of function in left leg, muscle wasting, chronic foot drop. Plaintiff had a spinal cord stimulator implanted. Plaintiff was a former U.S. Ski Team member and coach, working as a stonemason and ski coach, and claimed inability to continue work. Final demand before trial: $900,000. Final offer before trial: $250,000 statutory offer of settlement.

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