Defense Verdict in Med-Mal Back Surgery Case

Murphy v. Roberts, Multnomah County Case No. 15CV14491

Plaintiff Murphy had a long history of health complaints including back pain. In 2012 she saw Defendant Dr. Roberts for a surgical consult. She decided to undergo a L5/S1 laminectomy and fusion.  Murphy alleged that Dr. Roberts performed the surgery at the wrong level (L4/L5) and then concealed his error from her. She subsequently sought care from two other surgeons and had two more back surgeries. She sought $100,000 for past medical expenses, $1 Million for past wage losses and loss of future earning capacity and $2 Million for non-economic damages.

Defendant Roberts denied all negligence.  He asserted that he performed the surgery at L5/S1 as indicated in post-surgical imaging and the notes from subsequent surgeons.  He claimed Murphy did not complete her post-surgery physical therapy and also that she was subsequently re-injured in a 2016 car accident.  After the car accident she made a demand to the other driver’s insurance company. In the demand she alleged that her injuries and pain were the result of the crash.  She provided chiropractic notes in which she stated that her low back pain had ceased after her last surgery in December 2015 only to recur after her car accident.

Plaintiff’s Counsel – Ernest Warren and Karl Malling

Defense Counsel – John Pollino

Verdict – Defense Verdict

Date – February 22, 2017

February 28, 2017

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