Medical Malpractice - Failed Spinal Fusion With Reflex Sympathyetic Dystrophy

Permanent Nerve Damage with Drop Foot
Amount of Recovery
Plaintiff's Counsel
Marc L. Breakstone
Boston, MA
Suffolk Superior Court
Other Useful Information

Plaintiff, a 49-year-old woman with a history of scoliosis, underwent spinal fusion with instrumentation by defendant. Before surgery, her symptoms were limited to low back pain and left leg pain. After surgery, she was found to have a severe left foot drop with numbness and reduced sensation. Despite these symptoms, the defendant failed to investigate to see if there may be misplaced instrumentation.

Plaintiff underwent a lumbar CAT scan three months post-operatively which demonstrated misplaced pedicular screws, which encroached several nerve roots. Despite these abnormal findings, defendant failed to bring plaintiff back to the operating room for corrective surgery.

Approximately two years later, plaintiff came under the care of a new orthopedic surgeon who brought plaintiff back to the operating room for a complete revision and replacement of all of the spinal hardware. The fusion, which had previously been at two levels, was extended to four levels. Plaintiff obtained significant relief from the three-stage corrective surgery. However, she was left with a mild left foot drop and persistent pain in the left leg and foot.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
Ron was excellent. He was on top of everything. He answered every question. John
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh