05-CV-642 Nett v. Dr. W.

MEDICAL NEGLIGENCE:
ZERO DOLLARS

Case name: Nett v. Dr. W.

Case type: Medical negligence

Case number: 05-CV-642

Court: Winnebago County

Judge: Thomas Gritton

Original amount sought: The following damage amounts were the subject of stipulation:

Future loss of earnings: $33,529; Household services: $60,710; Future medical expenses: $90,000; Miscellaneous expenses: $8,000

Plaintiff’s counsel requested past medical expenses in the amount of $304,000. The defense requested the jury award $161,000. Plaintiff’s counsel requested the jury award between $750,000 and $1 million for past pain, suffering and disability. He requested $1.3 million to $1.6 million for future pain, suffering and disability. The defense suggested an award for those two categories totaling $500,000.

Outcome: Verdict on liability for the defense.

Verdict date: June 24, 2008

Plaintiff attorney: Shawn R. Crain, End Hiersman & Crain, LLC, Milwaukee

Defense attorney: Dr. W & OHIC: Barrett J. Corneille/Mark T. Budzinski; Wisconsin
Injured Patients & Families Compensation Fund: Jeremy T. Gill

Plaintiff experts: Radiologist/Standard of Care: George Fueredi; Physiatrist: Dr. Jerome Lerner; Neurosurgeon/Standard of Care: Dr. Marshall Matz; Chiropractor: Dr. Glen Rooyakkers

Defense experts: Neurosurgeon: Dr. James Ausman; Neurosurgeon: Dr. Joseph Cusick
Defense counsel’s summary of case: In this medical negligence case, a defendant neurosurgeon was alleged to have been negligent in failing to identify a spinal epidural abscess. The alleged negligence led to the plaintiff being rendered a paraplegic and wheelchair bound for the rest of his life.

The defense was that this was a difficult diagnosis and that even though the neurosurgeon had identified the abnormality on the films, a reasonable neurosurgeon would not have made an earlier diagnosis of the cause of the abnormality.