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Medical Malpractice Defense Verdict

In March 2007, Vincent A. Nagler defended a neck surgeon accused of improperly performing a tracheotomy on his patient. The plaintiff suffered from a thyroid goiter . A temporary tracheotomy was performed during the removal of the goiter. The plaintiff argued that the surgeon had cut into her thyroid and cricoid cartilage during the surgery, permanently damaging her trachea and causing the resulting permanancy of the tracheotomy. The plaintiff alleged that as a result of the malpractice she would have to live the rest of her life with a permanent tracheotomy tube in place. On behalf of the surgeon, we argued that the tracheotomy was irreversible due to unanticipated scarring and the plaintiff's attendant health problems. After a four week trial in Kings County the jury returned a verdict in favor of our client.
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