VERDICT - $987,000 - Medical Malpractice, Superior Court of New Jersey, Bergen County

This was Jim Lynch’s first medical malpractice trial, more than 15 years ago.
Note, before Jim became involved in the case, this case was rejected by several medical malpractice law firms who felt the case was very complicated and therefore too difficult to win. Jim had handled some other legal work for the client and was upset that this client would not have his day in Court. Jim agreed to take the case.

Jim’s client, a newspaper editor, had suffered from minor numbness and tingling in his right hand. He sought the treatment of a neurologist. He was then referred to the defendant neurosurgeon who diagnosed him with stenosis and recommended surgery. Surgery can be performed to widen the spinal column and alleviate the symptoms. Upon the advice of the surgeon, our client agreed to undergo the operation.

Immediately upon awakening from surgery, Jim’s client had new debilitating severe burning sensation in his left arm. Post-operative MRI’s showed a new “contusion” on his spinal cord. He was left with a permanent severe burning sensation in his arm that required several additional surgeries.

On the eve of trial, the defense offered $200,000.00 to settle the matter, which was rejected. Jim presented his case at trial with a neurosurgeon, a neuroradiologist and a urologist. Further, and most compelling, he subpoenaed our client’s first treating neurologist who initially referred the case to the defendant neurosurgeon. This neurologist did not want to testify and was friendly with the defendant. However, the trial judge found the witness to be hostile to the plaintiff’s case during testimony and allowed Jim to cross-examine the neurologist, providing crucial favorable testimony. Moreover, Jim used successful medical treatises to cross-examine the defense experts to show they were not testifying accurately as to the standards of good medical practice.

Jim obtained verdict and judgment in favor of his client for $987,000.00. The judge told Jim after the trial that it was the first plaintiffs malpractice verdict he had seen in more than 20 trials.