DHD Secures Directed Verdict

Mark Petraske recently obtained a directed verdict at the conclusion of plaintiff’s case after three weeks of trial.  The case involved allegations that the plaintiff’s nerve root was injured during a posterior cervical spine decompression surgery performed by an orthopedic spine surgeon and a neurosurgeon represented by the firm.  This surgery was done 4 months after another surgeon had done an anterior discectomy.  The plaintiff argued that there was liability because he was a co-surgeon and responsible as a co-captain of the ship.  Mr. Petraske successfully argued that this theory of liability was no longer valid in New Jersey and that the proofs against the surgeon had to stand alone.  Mr. Petraske also argued that because the detached rootlets were viewed during the second surgery they were likely injured in a prior surgery.  Mr. Petraske also argued that here was a lack of proof that the surgeon he used any instruments during the cervical spine decompression surgery on the injured side.  The evidence that was put in during the plaintiff’s case demonstrated that he did not operate in that location.  The Court agreed with the defense arguments and entered a directed verdict.  The matter is continuing against the surgeons in the first and second surgeries.