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Case of the Month July 2023

Jury Declines to Award Plaintiffs Damages in Med Mal Suit Related to Spinal Cord Simulator Implant Surgery

Smith v. Great Lakes Neurosurgical Associates LLC

Case Type:
Medical Malpractice - General
Medical Malpractice - Failure to Test
Medical Malpractice - Failure to Interpret Test Results
Medical Malpractice - Negligent Surgery

Specific Liability:
Allegedly negligently implanting a spinal cord stimulator paddle lead at the T8-T9 levels

General Injury:
Spinal Nerve Injury; Spinal Cord Injury

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Related Court Documents:
Plaintiffs' second amended complaint: 2020 WL 13689928
Defendants' brief in opposition to plaintiffs' motions in limine: 2020 WL 13689932
Plaintiffs' pretrial report: 2022 WL 19518050
Special verdict form 2022 WL 19517991

Case Name:
Smith v. Great Lakes Neurosurgical Associates LLC et al.

Docket/File Number:
2019-CV-000131

Result Amount:
$0

Result Date:
May 12, 2022

Judge:
Chad G. Kerkman

Attorneys:
Plaintiff: Michael C. Demo, Sperling Law Offices LLC, Milwaukee, WI
Plaintiff: Kevin M. Henderson, Sperling Law Offices LLC, Milwaukee, WI
Plaintiff: Marcella S. Spoto, Sperling Law Offices LLC, Milwaukee, WI
Defendant: Samuel J. Leib, Leib Knott Gaynor LLC, Milwalkee, WI
Defendant: Brenden M. Leib, Leib Knott Gaynor LLC, Milwaukee, WI
Defendant: Emile H. Banks Jr., Emile Banks & Associates LLC, Milwaukee, WI
Defendant: Vicki L. Arrowood, Emile Banks & Associates LLC, Milwaukee, WI
Defendant: Jubaile Abila, Emile Banks & Associates LLC, Milwaukee, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Neurosurgeon: Mogilner, Alon, M.D., Ph.D., New York, NY
Plaintiff: Physical Medicine Specialist: Guo, Danzhu, M.D., Marinette, WI
Plaintiff: Orthopedic Surgeon: Bozzio, Anthony, M.D., Petoskey, MI
Plaintiff: Economic Consultant: Breeden, Charles, Ph.D., Oconomowoc, WI
Plaintiff: Vocational Rehabilitation Counselor: Grady, Karrie, M.S., Vocational Professionals Inc., Milwuakee, WI
Plaintiff: Vocational Rehabilitation Counselor: Riley, Timothy, M.S., Milwaukee, WI
Defendant: Neurosurgeon: Pahapill, Peter, M.D., Milwaukee, WI
Defendant: Neurosurgeon: Cusick, Joseph, M.D., Elm Grove, WI
Defendant: Orthopedic Surgeon: Bjerke, Benjamin, M.D., Clive, IA
Defendant: Neurosurgeon: Beatty, Robert, M.D., Hinsdale, IL
Defendant: Vocational Rehabilitation Counselor: Meltzer, John, M.S., Madison, WI

Breakdown of Award:
Defense Verdict

Summary of Facts:
Plaintiff Brian Smith reportedly underwent a spinal cord simulator implant surgery performed by defendant Dr. Yashdip Pannu, MD, a neurosurgeon who was employed by defendant Great Lakes Neurosurgical Associates LLC, and who was insured by defendant ProAssurance Casualty Company. The plaintiff claimed Pannu, as well as other medical providers, negligently implanted a spinal cord stimulator paddle lead at the T8-T9 levels in the thoracic region of his spine because following surgery, the presence of a massive disc herniation at the T8-T9 levels was discovered, which was caused compression to the plaintiff's spinal cord. As a result, the plaintiff was required to undergo additional surgery to remove the spinal cord stimulator and to repair the herniation in order to remove pressure from the spinal cord.

The plaintiff contended he suffered permanent injuries to his spinal cord, which included a diagnosis of thoracic radiculopathy, as well as severe mid-thoracic and lower back pain and numbness, and tingling and weakness in his legs and toes.

The plaintiff asserted claims against defendants Pannu, Great Lakes Neurosurgical Associates and ProAssurance, and named the Injured Patients and Families Compensation Fund as a defendant in the lawsuit. The plaintiff argued Pannu's negligence, which included failing to take cross-section imaging of the T8-T9 levels to ensure there was sufficient space to place the stimulator paddle leads without compressing the spinal cord and failing to sufficiently evaluate his medical chart, which allegedly included an MRI that suggested a disc protrusion at T8-T9, caused his injuries and damages. The plaintiff's spouse also asserted a claim for loss of consortium due to the plaintiff's injuries.

The defendants denied liability and contended Pannu met the applicable standard of care when providing medical care and treatment to the plaintiff. The defendants also disputed the nature and extent of the plaintiff's claimed injuries and damages.

Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Westlaw Citation:
2022 WL 19917614