April 5, 2007
Clay Edwards and Mark Hammond were successful in defending an Evansville orthopedic surgeon in this medical malpractice action in U.S. District Court in Evansville, IN. Plaintiff alleged that the physician negligently repaired a burst fracture at the L-1 vertebra and then failed to discover and treat fusion failure. According to the Plaintiff, the orthopedic surgeon should not have used coralline hydroxyapatite as a bone graft substitute in the back fusion procedure. The Plaintiff also alleged that the surgeon negligently removed spinal instrumentation in a second procedure. Plaintiff’s allegations were supported by a Stanford University affiliated neurosurgeon and a Yale University associated orthopedic surgeon. Edwards and Hammond defended by submitting proof that the back fusion procedure was appropriately performed and that kyphosis and fusion failure were recognized complications of the procedure. Defense counsel retained a renowned orthopedic surgeon from Indiana University who supported the Defendant’s care. The U.S. District Court jury agreed and returned a unanimous defense verdict.