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Partner Brian Greenwood Obtains Defense Verdict in Medical Malpractice Case

Posted: August 9, 2023

Partner Brian Greenwood recently obtained a defense verdict on behalf of his client, an orthopedic surgeon with a subspecialty in foot and ankle surgery, in a case tried in Nassau County Supreme Court.  In this case, the plaintiff had suffered a ruptured Achilles tendon which Brian’s client surgically repaired.  Plaintiff alleged that the anesthesiologist who performed a popliteal nerve block prior to the start of surgery injured the plaintiff’s peroneal nerve.  Plaintiff further alleged that during the postoperative follow-up period, Brian’s client failed to diagnose the nerve injury and, accordingly, failed to timely refer the plaintiff to a neurologist and/or neurosurgeon for appropriate treatment.  Plaintiff further alleged that as a result of the untreated nerve injury he developed progressive and chronic neurological symptoms in his lower extremity and ultimately was diagnosed with CRPS/RSD.  Brian argued that the surgeon did not cause nerve damage during surgery and did not fail to diagnose nerve damage in the postoperative period.  The jury returned a unanimous verdict in favor of Brian’s client.