Outstanding Defense Verdict in a Medical Malpractice Case
approach and technique with inadequate visualization, failed to perform a T6-7 laminectomy, improperly initially attempted to remove the calcified disc with his choice of instruments, failed to create a cavity within the vertebral body to take out the disc, and his negligence caused pltf’s paralysis. The defense argued Dr. Hersonskey’s choice of approach was appropriate and within the standard of care due to the severe displacement of the spinal cord by the large disc, he was in the beginning stages of his surgery to determine whether pieces of the calcified disc could be debulked, he was able to pull out some pieces with visualization of the spinal cord throughout the procedure, he was advised of the complete loss of the neurophysiology signals by the technician before he could consider whether a full laminectomy and removal of additional bony structures were warranted to continue the disc debulking, and by that time permanent cord damage had already occurred. The defense further denied that the surgi- cal approach and surgical technique were the cause of pltf’s injuries, maintain- ing instead there were two episodes of hypotension that led to hypoperfusion and an ischemic cascade that infarcted the spinal cord at the T6-7 level, as evidenced by the blood pressures and abnormalities in the MEP signals that were never reported to Dr. Hersonskey. The jury deliberated more than 18 hours over three days. Dr. Hersonskey settled for $3 million pursuant to the high/low agreement, and the hospital settled out prior to trial for $1 million.
David L. Kalimuthu David Kalimuthu’s practice is focused on defending hospitals, medical profession- als, and other healthcare facilities against claims of medical malpractice. He has expe- rience in guiding such cases from early in- vestigations all the way through jury trial. He also has defended employers and insurance carriers against workplace and personal in- jury claims. David joined HPS in 2020 after spending four years at another firm where he also practiced medical malpractice and long- term care defense.. David has been honored numerous times as an Illinois Super Law- yers “Rising Star.”
Hall Prangle & Schoonveld is a national law firm with Chicago roots and offices around the country. The firm is defined by its unswerving focus on client service, and for its track record in defending clients against allegations of medical malpractice.
Gina M. Ambrose Gina Ambrose focuses her practice on rep- resenting healthcare clients against claims of medical negligence, nursing home neg- ligence, and premises liability. She repre- sents hospitals, long-term care facilities, assisted living facilities, physicians, nurses, physical therapists, and other healthcare providers in medical and long-term care lit- igation, and also is experienced in matters regarding commercial litigation. Gina has extensive litigation experience ranging from the discovery phase and motion practice to pretrials, mediations and trials.
66 JURY VERDICT REPORTER • 2022 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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