$2.5 Million Medical Malpractice Verdict in Back Surgery Case

A 40-year-old Battlefield, Missouri resident was awarded $2.3 million and his spouse was awarded an additional $175,000 by a jury upon hearing a medical malpractice case filed against an orthopedic surgeon. The plaintiff had undergone lumbar fusion surgery in 1984 and subsequently injured his back in 2003 in the midst of routine physical activity. After this injury, the plaintiff sought medical attention and two doctors discovered no corruption of the lumbar fusion or other notable damage to the spine and back. The plaintiff then saw the defendant for further assessment and was told that surgery was medically necessary. The defendant continued with the procedure even upon discovery that the original fusion remained intact. In the aftermath of this unnecessary surgery, the plaintiff has required significant additional medical care and has experienced health problems attributable to the surgeon’s error. The jury found the defendant liable for $558,000 for pre-trial damages, $1,000,000 for anticipated future medical bills, $775,000 for other future damages, and $175,000 for a loss of consortium claim.