We represented a neurosurgeon and his practice in a case involving a patient who needed brain surgery for removal of an atypical (grade II) meningioma but experienced recurrence of the brain tumor within 14 months of the surgery. Attempts at controlling the tumor regrowth with Gamma Knife radiosurgery were unsuccessful. The patient underwent a second craniotomy but ultimately passed away. We successfully defended the neurosurgeon against Plaintiff’s multiple criticisms of the post-operative care, including the failure to send the patient for adjuvant radiation therapy immediately post-op, waiting a year for repeat imaging to follow-up on the tumor, using Gamma Knife radiosurgery on a large tumor, and too quickly recommending surgery upon tumor recurrence.
Using the clinical and radiologic evidence, we established that the neurosurgeon’s post-operative care was appropriate despite the unfortunate outcome. We also showed that the tumor recurrence and the patient’s death was not causally related to the care at issue. A defense verdict of no negligence was returned by the arbitrator.