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Personal Injury
Medical Malpractice
Kyphoplasty Failure

Doe Plaintiff v. Roe Defendant

Published: Aug. 4, 2012 | Result Date: Jun. 5, 2012 | Filing Date: Jan. 1, 1900 |

Settlement –  $1,000,000

Court

Alameda Superior


Attorneys

Plaintiff

Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)


Defendant

Robert T. Lynch
(Law Offices of Madden & Lynch PC)


Facts

A 65-year-old retired businessman elected to have a Kyphoplasty performed by a neurosurgeon in April 2011 to address a compression fracture of a cervical vertebra. The surgeon accidentally perforated the spinal canal during surgery, rendering Plaintiff a paraplegic. Plaintiff sued for malpractice.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the error breached the standard of care.

Result

The parties settled for $1 million policy limits.


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