Lewis Brisbois Las Vegas Team Secures Jury Verdict on Behalf of Orthopedic Surgeon

Las Vegas, Nev. (September 30, 2021) - Las Vegas Partners Brent Vogel and Katherine Gordon recently secured a significant defense verdict on behalf of an orthopedic surgeon who was accused of failing to reduce a traumatic tibia fracture properly and covering up his alleged malpractice. 

In this matter, the plaintiff suffered a complex tibial fracture that required an intramedullary nailing procedure for repair. After surgery, the plaintiff initially did well. Subsequently, however, the fracture site did not heal as quickly as desired and appeared to be heading toward a nonunion. As such, the plaintiff sought a second opinion. He was advised that two of the locking screws had broken and that he would need surgery to repair a nonunion. The plaintiff returned to the defendant orthopedic surgeon but did not advise him that he had received the second opinion, that he had already scheduled a second surgery, or that he had learned that the screws were broken.

The plaintiff ultimately sued the hospital and Lewis Brisbois' client, contending that the defendant orthopedic surgeon covered up the fact that the screws had broken and that this was malpractice. The defendant maintained that broken screws and a nonunion were known risks, that these results did not indicate malpractice, and that the defendant surgeon recommended the same treatment that the second surgeon recommended.

The hospital settled before trial. At trial, the plaintiff sought over $2.5 million for lost economic opportunity, hedonic damages, and pain and suffering. After less than 75 minutes of deliberation, the jury found in favor of Lewis Brisbois' client.

Mr. Vogel is a member of Lewis Brisbois' Healthcare Practice. He has successfully tried numerous jury and bench trials in Nevada and Arizona, focusing on medical/dental malpractice defense, hospital liability, nursing home and long-term care defense, and complex litigation. He has significant experience defending physicians, dentists, nursing homes, and hospitals in malpractice actions and before state licensing boards.

Ms. Gordon is also a member of the firm's Healthcare Practice and focuses her practice on medical malpractice defense matters.

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