Facts

The decedent, a recently retired engineer in his early 50s, had experienced severe back pain, which had limited his daily activities and required daily pain medications. Dr. Farzad Massoudi, M.D., performed a fourth level anterior lumbar interbody fusion on Feb. 21 2006, with the assistance of vascular surgeon, former defendant, Shigeru Chino, M.D. As the final screw was being placed at the fourth level, an acute arterial bleed was recognized. Immediate surgical intervention and resuscitation attempts were undertaken. The patient was stabilized, however, he never regained consciousness. Life support measures were ultimately halted and the patient died on Feb. 22, 2006.

The plaintiffs, the decedent's widow and adult son, brought this action against the defendants.

PLAINTIFFS' CONTENTIONS:
The plaintiffs' experts contended that a four-level anterior interbody fusion was far more aggressive than necessary for surgical treatment of decedent's condition, and at most, a two-level approach (anterior or posterior) would have been indicated; that each additional level compounded the known risk of vascular injury unnecessarily and exponentially; that there was a failure to obtain an informed consent. The economic testimony claimed that the decedent had a 15-year work-life expectancy, with a resultant loss of earnings of over $1 million. The decedent was in training to provide financial counseling services, as well as consulting services, following his retirement from IBM.

DEFENDANTS' CONTENTIONS:
The defendants' expert claimed that the approach, while aggressive, was appropriate and that Dr. Massoudi had been trained in more recent years, during which the use of screws, plates in anterior approaches at multi-levels had grown and become more routine for those so trained. The vascular complication of or injury to the aorta is risk that is present with an anterior approach no matter how many levels are involved.

There was no negligent technique by Dr. Massoudi that caused the injury, the vascular surgeon probably caused an inadvertent tear of the aorta during the necessary retraction. The bleed was immediately and appropriately treated, although the blood loss led to anoxia and ultimately the patient's death. The consent obtained by defendant specifically referred to potential bleeding. The economic testimony revealed that the probable economic losses were in the range of $630,000.

Settlement Discussions

The plaintiffs' demand was vague, but in the range of $350,000. The defendants made no offer.

Result

Defense verdict as to Dr. Farzad Massoudi. Co-defendant Chino settled prior to trial. The hospital and anesthesiologist were dismissed.

Other Information

FILING DATE: Dec. 14, 2006.

Deliberation

one day

Poll

11-1

Length

seven days