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Medical Malpractice Defense Verdict
In March of 2002, Bruce M. Brady successfully defended an anesthesiologist in a suit that claimed he improperly positioned a patient during a surgical laminectomy and fusion. Several days after the surgery, the patient began experiencing pain, numbness, and weakness in his right (dominant) arm. The problem was diagnosed as a brachial plexus injury. Seven months later, he committed suicide, leaving behind a note stating that the pain in his arm was so unbearable that he no longer wanted to live. The suit claimed the defendant doctor caused the brachial plexus injury by malpositioning and inadequately padding the decedent during the surgery. Prior to trial, we made a motion to dismiss a wrongful death claim as unforeseeable. The motion was denied and the decision was appealed. The Appellate Division, Second Department, reversed and dismissed the wrongful death cause of action, stating that the suicide was unforeseeable. (Watkins v. Labiak, 723 N.Y.S.2d 227.) During the trial, we contended that the patient was properly positioned and padded during the surgery, and that the injury could have come from other causes. The Suffolk county jury agreed, returning a verdict in favor of our client.
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