Botched Shoulder Surgery Results in $4.2 Million Verdict
A 58-year-old man who lost use of one of his shoulders due to an allegedly botched—and unnecessary—surgery has been awarded $4.2 million by a New Haven Superior Court jury.
July 01, 2015 at 08:09 PM
2 minute read
A 58-year-old man who lost use of one of his shoulders due to an allegedly botched—and unnecessary—surgery has been awarded $4.2 million by a New Haven Superior Court jury.
In December 2008, Gregory Leigh, a laborer at the PermaTreat Corp. in Durham and a resident of Wallingford, sought medical care for a swollen lymph node on the left side of his neck. His doctor, Daniel Schwartz, scheduled him for immediate surgery to remove the lymph node. But, according to the plaintiff's attorney, Leigh didn't need surgery. Sean McElligott, an attorney at Koskoff Koskoff & Bieder, said that a simple test would have revealed that Leigh had a mild Bartonellosis bacterial infection, also known as cat scratch disease or cat scratch fever.
During the surgery, the doctor damaged Leigh's spinal accessory nerve, leaving him with permanent injuries to his left shoulder, according to the lawsuit. Specifically, Leigh's left arm and shoulder are disfigured, he has numbness in the region and he can't raise his arm over his head. According to the lawsuit, he can no longer work as a truck driver and faces the possibility of future surgeries and medical procedures.
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