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Senior Trial Partner Jeff Lawton and Senior Associate Jennifer M. Wanner, assisted by Law Clerk Jessica H. Ramsawak, successfully obtained a defense verdict for two board certified anesthesiology/pain management physicians after a complete two-week trial in the Bronx. The plaintiff underwent a minimally invasive microdiscectomy for a left sided disc herniation at L4-L5. Postoperatively, the plaintiff had a nerve root injury at L-5 on the right side, which was documented in an abnormal MRI and EMG. MCB defended that the nerve root injury was a known risk and complication to the surgery, for which the plaintiff was told about in a documented informed consent. The plaintiff seems to slowly recover and during litigation, the plaintiff’s social media was obtained which showed photographs and videos of the plaintiff engaged in activities inconsistent with her claimed injuries, including walking without a cane, wearing high heels, swimming, and dancing in a club.
MCB exchanged photographs and videos with a Notice to Preserve, only to have the plaintiff change her social media settings from public to private in an ill-fated attempt to hide them. The plaintiff’s counsel was undeterred given the Bronx venue and in summation asked the jury for $5.7 million. The jury deliberated in less than two hours on five liability issues and returned a defense verdict for MCB’s client physicians.