William Chamblee, Caleena Svatek and Matt Loving Obtain a Take-Nothing Defense Verdict on Behalf of Neurosurgeon
March 10, 2017
William Chamblee, Caleena Svatek, and Matt Loving obtained a take-nothing defense verdict on behalf of a neurosurgeon in the United States Northern District Court of Texas. The Plaintiff underwent a lumbar micro-discectomy. During the procedure, the surgeon repaired a herniated disc and closed the incision near the spine using the Annulex X-Close bands as a suture. The patient brought suit against the surgeon alleging that the procedure was performed below the standard of care, that there was no informed consent to use the x-close bands, and claimed the surgery actually worsened the pain in his back. Plaintiff sought damages of $1.7 million. Mr. Chamblee, on behalf of the neurosurgeon, argued that the standard of care did not require specific informed consent of the specialized suture because there were no added risks to using the suture, the available medical literature and studies supported the use and implementation of the suture, and that the surgeon performed the procedure within the standard of care. After deliberating for a couple of hours, the jury returned a unanimous defense verdict, finding no negligence on the part of the neurosurgeon.