Brain Injury

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CASE: Unnecessary and negligently performed brain biopsy

FACTS: Defendant neurosurgeon negligently performed an unnecessary biopsy of the 53-year-old plaintiff’s benign brain tumor. Treatment for the plaintiff’s tumor required surgical resection. The defendant was unable to perform such a resection. Even though a definitive pathological diagnosis could have been obtained at the time of resection, the defendant chose to do a stereotactic biopsy of the tumor in advance of referral to another neurosurgeon.

The defendant neurosurgeon chose the frontal lobe as the point of entry for the biopsy needle rather than the customary lateral point of entry for access to tumors located in the medial temporal lobe. That entry point required that the neurosurgeon pass the biopsy needle through far more eloquent brain tissue than the standard approach would have required, exposing plaintiff to unnecessary risks.

The defendant neurosurgeon had difficulty sampling plaintiff’s temporal lobe tumor during the biopsy. After several unsuccessful attempts to sample the tumor, the defendant withdrew the biopsy needle, adjusted the trajectory and made several more attempts to obtain samples. Again, little tissue was recovered.

Immediately after extubation, and prior to transfer to the recovery room, plaintiff was noted not to be moving his left side. An emergent CT scan revealed hemorrhage in the tumor and ventricular system. The defendant’s excessive number of passes with the biopsy needle caused the hemorrhage as well as injury to the dominant side of plaintiff’s brain.

As a result of the damage from the biopsy, plaintiff was left permanently impaired.

DEFENSE: General denial of liability

INJURIES: Permanent hemiparesis

SPECIAL DAMAGES: Medical bills: $146,538; Lost earning capacity: $641,566

SETTLEMENT: The parties agreed to settle for a confidential amount after mediation

PAINTIFF’S COUNSEL: Randolph J. Reis (Reis & Kirkland, PLLC) and Lawrence B. Schlachter (Schlachter Law Firm, PC)

NAME/ COUNTY: Anonymous v. Anonymous