Partner Eric Schoonveld and associate Shelley Doi-Taketa successfully defended a Utah neurosurgeon and hospital against claims that a 48-year-old plaintiff suffered from a DVT after the neurosurgeon performed an anterior lumbar interbody fusion procedure (ALIF).
The defense demonstrated that the neurosurgeon skillfully and successfully performed the ALIF, including properly positioning the lumbar fusion plate during the procedure. The defense established through the medical records and evidence that the neurosurgeon timely diagnosed the DVT, and that contrary testimony from plaintiff and his family members was inaccurate. The defense further established that the majority of plaintiff’s alleged injuries were wholly unrelated to the DVT, and that contrary to plaintiff’s own testimony, he continued to receive a substantial income ($12,000 per month) from a previous business venture. Plaintiff asked the jury for $8.2 million in economic and non-economic damages. After just over three hours of deliberation, the jury returned a no-cause verdict for the defense.