Defense Verdict in Kings County

On December 4, 2007, Elizabeth Cornacchio obtained a defense verdict for a neurosurgeon charged with the negligent performance of a transcranial procedure to remove a prolactin secreting tumor of the pituitary gland in a 46-year-old man. Plaintiff alleged that failure to perform the surgery transphenoidally was a departure from the standard of care, and that he was inadequately informed of the risks of the transcranial approach. Post-operatively the plaintiff sustained right sided blindness.

Ms. Cornacchio argued that the surgeon’s decision to approach the tumor transcranially was acceptable based on the long-term medical therapy with Parlodel, which caused the tumor to be firm and fibrous. She also argued that the extension of the tumor into the cavernous sinus, created a risk of injury to the carotid arteries and optic nerves by obscuring these structures when approached transphenoidally.

After deliberating for approximately two hours, the jury found that the plaintiff received an appropriate informed consent and that the choice of approach was proper.