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Case of the Month June 2026

Jury Declines to Award Plaintiffs Damages in Med Mal Suit Against Neurosurgeon Following Spinal Surgery

Muenster v. Injured Patients & Families Compenation Fund

Case Type:
Medical Malpractice-Physicians & Health Professionals - Neurosurgeon
Medical Malpractice-Procedures & Treatment - Back/Neck
Medical Malpractice-Procedures & Treatment - Informed Consent
Medical Malpractice-Procedures & Treatment - Failure to Diagnose/Treat

Specific Liability:
Patient asserted that neurosurgeon and other healthcare providers breached the applicable standard of care when neurosurgeon performed spinal surgery on her to treat her multiple compression fractures

General Injury:
Spinal cord injury, resulting in paralysis

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Related Court Documents:
Plaintiffs' complaint: 2023 WL 12184436
Defendant Injured Patients and Families Compensaton Fund's response brief in opposition to plaintiffs' motions in limine: 2025 WL 3241776
Jury instructions: 2025 WL 3241778
Special verdict: 2025 WL 3241781

Case Name:
Muenster et al. v. Injured Patients & Families Comp. Fund et al.

Docket/File Number:
2023-CV-001141

Result Amount:
Defendants, $0

Result Date:
October 24, 2025

Judge:
Marc A. Hammer

Attorneys:
Plaintiffs: Craig R. Steger, Hale, Skemp, Hanson, Skemp & Sleik, La Crosse, WI; Garett T. Pankratz, Hale, Skemp, Hanson, Skemp & Sleik, La Crosse, WI; Stuart J. Spaude, Bollenback Law SC, Appleton, WI
Defendant (Injured Patients & Families Compensation Fund): William R. Wick, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc, WI; Christopher L. Lambrecht, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc, WI
Defendants (Chabot and MCW): Jill M. Munson, Hinshaw & Culbertson LLP, Milwaukee, WI

Result Type:
Jury

Experts:
Plaintiffs: Henry Barnard, M.D., Spinal and Orthopedic Surgeon, Albany, GA; Aarti Singla, M.D., Pain Management Physician, West Chester Township, OH
Defendants: Jerome Barakos, M.D., Neuroradiologist, San Francisco, CA; Ammar Hawasli, M.D., Neurosurgeon, Kansas City, MO

Breakdown of Award:
$0

Summary of Facts:
Plaintiff Lynn Muenster, a resident of Suamico, Wis., reportedly suffered from Devic's disease, or Neuromyelitis Optica Spectrum Disorder (NMOSD), an autoimmune disease and neurological disorder that affected her eyes and spinal cord. The plaintiff said that she was referred to defendant Joseph Chabot, D.O., a neurosurgeon, for treatment of multiple compression fractures in her spine.

The plaintiff said that Chabot recommended that she undergo spinal surgery at the T7, T8, T9 and T11 levels of the thoracic region of her spine, and allegedly diagnosed the fracture at the T8 level as a burst fracture.

The plaintiff said that after Chabot performed spinal surgery, she suffered traumatic and permanent injuries, which included injuries to her spinal cord. Specifically, the plaintiff said that Chabot performed a procedure referred to as kyphoplasty on her spine's T8 level, which reportedly included inserting a needle in her affected vertebrae, resulting in expansion of the vertebrae and injection of surgical cement, which hardened and provided stability and pain relief to the affected vertebrae.

The plaintiff said that a known risk or hazard of kyphoplasty subsequently occurred, which was cement leakage outside of the vertebra body and into the spinal canal. The plaintiff said that although Chabot attempted to repair the damage, she suffered a severe spinal cord injury and was subsequently paralyzed and was required to use a wheelchair.

Plaintiff Lynn Muenster and her husband, plaintiff Gerome Muenster, filed a lawsuit, naming multiple defendants, which included Chabot and The Medical College of Wisconsin (MCW), as well as the Injured Patients and Families Compensation Fund. The plaintiffs argued that Chabot and MCW, as well as other healthcare providers, were negligent in providing medical care to Lynn, and deviated from the applicable standard of care. The plaintiffs also claimed that Chabot's decision to perform a kyphoplasty on Lynn at the T8 level of her spine, which subsequently resulted in cement leakage, fell below the applicable standard of care.

The plaintiffs further argued that Lynn had failed to provide Chabot and other healthcare providers with her informed consent for the surgery, asserting that Chabot had failed to inform Lynn of the availability of reasonable alternative medical treatments besides surgery and failed to fully explain the benefits and risks of such treatments.

The plaintiffs sought damages for Lynn's personal injuries, pain and suffering, medical expenses, loss of earnings and loss of earning capacity. The plaintiffs also sought damages for Gerome's loss of Lynn's consortium, affection and services due to her injuries and damages.

The defendants denied liability and argued that they had met the applicable standard of care when providing Lynn with medical treatment. The defendants also asserted that when a cement leak occurred following Lynn's kyphoplasty, Chabot took steps to remove it, and, according to post-operative imaging, any cement that remained did not impinge Lynn's spinal cord.

Following a jury trial, jurors declined to find that any negligence on Chabot's part had caused the plaintiffs' injuries and damages.

Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Westlaw Citation:
2025 WL 4674911