Defense verdict received in Richmond County

On September 22, 2008, Darshan I. Patel received a defense verdict on behalf of a medical/neurosurgical group following a trial in the Supreme Court, Richmond County. Plaintiff, a former New York City Sanitation Department Worker, alleged defendants performed a spinal decompressive laminectomy at left L5-S1 despite radiological studies indicating a predominately right sided disc herniation. Among other things, plaintiff complained that the surgery exacerbated his chronic back pain and that he needed SSI disability benefits.

At trial, we were able to establish that plaintiff’s pre-operative radiological studies revealed nerve compression at left L5-S1 and that a Electromyograph/Nerve Conduction Velocity study and the patient’s left sided clinical symptoms supported a left sided surgical approach at L5-S1 by defendants. Ultimately, the Court found that the surgery was properly indicated and performed and that it alleviated plaintiff’s complaints of radicular pain in his posterior left leg. Accordingly, plaintiff’s complaint against defendants was dismissed in all respects.