Shrager, Spivey & Sachs was able to settle a case for a woman, an emergency
room nurse, who developed complex regional pain syndrome after incurring
a spinal accessory nerve injury during a lymph node biopsy while under
receiving diagnostic care at a hospital in central Pennsylvania.
The spinal accessory nerve controls functions related to the muscles in
the shoulders and the head, such as shrugging the shoulders or tilting
the head back. It can also affect motions of the arms, including extension
and other larger arm movements originating in the shoulders.
The woman immediately after the biopsy began to experience injury symptoms
promptly. The doctor’s defense was that there was no way that the
procedure could have injured her in such a manner as she had claimed,
as the nerve was too “deep” in the lymph node to be accessible.
Going Above and Beyond for Clients
medical malpractice attorneys advocate for the plaintiff’s cause and answer the arguments
that the defendant brings. In this case, the doctor’s defense team
reasoned that the injuries that she incurred were not at all feasible,
as the doctor exercised due care when performing the procedure and, confidently
asserted that the nerve could not be reached during the biopsy.
Nevertheless, we were able to refute these claims, as the woman complained
total loss of feeling and function in her arm promptly. This later led
to the development of complex regional pain syndrome. She further reasoned
that she could no longer carry out the various strenuous duties of her
job as an emergency room nurse.
We fought to obtain restitution for the woman for the following:
- Ongoing medical care for retreatment
- Rehabilitation costs
- Lost wages and future earning potential
Cases that have much contention often do turn into lawsuits because it
takes a great deal of negotiation. Opposing parties rarely see eye to
eye on the events in question. Avoiding trial is still ideal, however,
as it is an added expense and risk for both parties. Most of the time,
the cases can be settled well before the trial date. All in all, after
the bouts of negotiation, our plaintiff in this case received a final
settlement of $900, 000.
Have a case? Call us!
We have gained countless six-figure and million-dollar settlements for
our clients in the past, advocating for legal rights ethically and with
integrity. When someone has suffered at the hands of another, such as
a doctor to whom due care is entrusted.
If you would like to speak with our medical malpractice lawyers about a case,
schedule your first appointment with Shrager, Spivey & Sachs today. Every initial consultation is 100% free!