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How do we achieve a $6.1 million dollar settlement?

You have a client who has unfortunately suffered devastating injuries and you paint the defendants into a corner where they have to concede liability.

We recently achieved such a result in a case involving a major medical institution, a neurosurgeon and intraoperative monitoring.

The client underwent an exploration of her spinal canal to determine if she had a malignant spinal cord tumor. No tumor was found and at the end of the operation the client had no sensory input from either her upper or lower extremities to her brain. In other words the client could move every muscle, but she had no sensation of doing so which meant that she did not know where her arms and legs were, she did not feel cold, did not feel hot, did not feel pain and never will know again whether she has to go to the bathroom.

Intraoperative monitoring is meant to alert the surgeon as to a potential problem during the surgery so that he will stop the procedure. The surgeon testified that all sensation was lost after the operation was over, which could occur. However, using electronic discovery and Court Orders we obtained the minute by minute recording from the intraoperative monitoring equipment. We then deposed the physician who did the monitoring in Barcelona, Spain where she had returned after her fellowship. She testified that she told the surgeon 3 times about problems occurring during the surgery, not after, and he still proceeded with the operation.

Either she lied about when the problem occurred or he lied about when he knew about the problem. There was no possible way that the Defendants could be successful. Going the extra steps to do e-discovery and depose a witness in a foreign country forced the settlement.

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Any lawyer can win damages in egregious cases such as operating on the wrong body part. Many firms have the resources to hire experts. But few lawyers truly understand the medical science of medical malpractice litigation. As a result they may fail to recognize a viable case, unwisely pursue a weak case, or stumble in cross-examination of those medical experts.

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