Defense Verdict for Partner Brian Greenwood in Nassau County Supreme Court
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Partner Brian Greenwood recently obtained a defense verdict on behalf of his client, a pain management specialist, in a case tried in Nassau County Supreme Court. In this case, the 61-year-old patient was suffering from progressive lower back pain and presented to Brian’s client for a lumbar epidural steroid injection in an attempt to alleviate the pain. Plaintiff alleged that on the day of the injection the patient had developed a sacral pressure ulcer which was a contraindication to performing the procedure, as it provided an avenue for the introduction of bacteria into the plaintiff’s body. The day after the injection the patient’s condition did not improve and he was taken to the emergency room. MRI imaging studies showed the patient had an extensive infection in his L3 and L4 lumbar vertebras, an infection in the L3-L4 disc, and an abscess in the epidural space abutting the spinal cord. The plaintiff underwent multiple surgeries and, after a four-month hospitalization, died due to complications of infection. Brian argued it was not a departure to perform the epidural steroid injection as the pressure ulcer, if present, was not in the sanitized window of the injection. Brian further argued that it would be impossible for bacteria to be introduced on the day of the injection and cause the massive infection in the 24 hour time period between the injection and the hospitalization. The jury returned a verdict in favor of Brian’s client.
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