Congratulations to Senior Trial Partner Mark McAndrew, Esq. and Partner Micah Friedberg, Esq. for their March 2020 medical malpractice defense verdict in Supreme Court, following a two-week jury trial before the Honorable Richard Mott in Ulster County.
In the case, Plaintiff, a 65 year-old metal worker, underwent exploratory hand surgery to remove a foreign body and repair tendon damage after sustaining a work-related injury. Our client, the anesthesiologist for the procedure, administered a left supraclavicular nerve block under ultrasonic guidance without complication. However, approximately five weeks later, the plaintiff returned to the surgery center complaining of left hand, arm, and shoulder pain and approximately two weeks after that, Plaintiff presented to his orthopedic surgeon with “significant winging of the left scapula” and “some winging of his right scapula,” which the physician related to the subject nerve block. Over the next four years, Plaintiff was examined by multiple orthopedic surgeons, all of whom attributed the scapula winging to an injury to the long thoracic nerved caused by our client during the block. During that time, Plaintiff also underwent four separate EMGs and nerve conduction studies, all of which demonstrated polyneuropathy, including bilateral median and ulnar nerve, left femoral nerve, and left long thoracic nerve involvement. Plaintiff’s counsel asked for $1.3 million during summation.