RICHARD TRUITT AND JANICE TRUITT V. JAMES SABSHIN, M.D. AND CONNECTICUT NEUROSURGERY, P.C.

Date: September 27, 2001

RESULT: $ 58,000; defense verdict on consortium claim.

STATE: Connecticut

FACTS: Plaintiff suffered a neck injury in a work accident. He was diagnosed with a cervical herniation at C6-C7 and a bulge at C5-C6. A diskectomy and fusion surgery was performed by defendant neurosurgeon, Dr. Sabshin. Plaintiff alleged that defendant failed to appreciate his post-operative complaints and, 6 months later, he sought a second opinion and thereafter underwent another cervical surgery. Plaintiff's spouse, Janice, sought loss of consortium damages. Defendant Connecticut Neurosurgery was defendant's professional corporation.

Plaintiff alleged that: (1) the bone graft placed during the fusion surgery dislodged and/or migrated over a period of months; (2) defendant failed to tend to his post-operative complaints; and (3) a second surgery was necessary because defendant failed to follow-up.

Defendant contended that: (1) plaintiff's bone graft did not dislodge; (2) the graft was correctly placed; (3) the second surgery was optional and not required because of any alleged malpractice; and (4) plaintiff had a host of preexisting injuries/disabilities.