Defense Verdict for Partner Scott Frycek
Partner Scott Frycek recently obtained a defense verdict on behalf of our client, an orthopedic surgeon, in a case tried in Nassau County Supreme Court. In this case, the 55-year-old patient complained of right elbow pain. Our client appropriately diagnosed plaintiff with medial epicondylitis and discussed performing surgery to debride devitalized tissue at the common flexor tendon. The client re-identified the area of pathology before surgery and made an incision anterior to the medial epicondyle to address the problem. Additionally, the client elevated the common flexor tendon off the medial epicondyle to remove the diseased tissue, and successfully reattached the tendon to a stump of tissue. Plaintiff subsequently underwent another procedure where a different surgeon removed scar tissue around the medial antebrachial cutaneous nerve. Plaintiff claimed to have suffered permanent damage to this sensory nerve. Scott argued that it was not a departure to make an incision anterior to the medial epicondyle, and that it was not a departure to elevate the tendon off the medial epicondyle. Contrary to plaintiff’s claims, Scott established that the medial antebrachial cutaneous nerve was not cut or damaged during the procedure, and that the tendon successfully reattached to the medial epicondyle. The jury returned a verdict in favor of our clients.
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