Phillips v. Bailey

By March 1, 2013 cases

Ryan Gavin and Mandy Kamykowski won a defense verdict in May, 2014 in favor of an orthopedic surgeon who performed spinal surgery with instrumentation. The plaintiff presented with complaints of back and leg pain associated with lumbar spinal stenosis. The defendant physician implanted X-stop interspinous devices at two levels in the patient’s lumbar spine. A few weeks after the surgery the patient’s symptoms returned. A second surgeon removed the devices and performed a fusion. This surgeon was ultimately testified at trial that he found the two devices stacked at a single level, contrary to the defendant’s testimony and operative report describing placement at two separate but adjacent levels. The jury returned a unanimous defense verdict.