Professional Negligence Law Reporter

Anita Busha, 76, underwent a left temporal artery biopsy performed by vascular surgeon Christopher Compton. The physician made a transverse incision in front of Busha’s left ear during the procedure. A pathologist subsequently reported that fragments of benign peripheral nerve and salivary gland tissue were present in Busha’s specimens and that the specimens contained no arterial tissue. Busha now suffers from permanent left facial nerve palsy, which affects her ability to blink her left eye, among other things.

Busha and her husband sued Compton and Arizona Endo Vascular Center, alleging that Compton had negligently performed the biopsy and failed to adequately explain significant risks of the surgery. Suit also claimed Compton should have educated her on alternatives to the biopsy.

The jury awarded $800,000.

Citation: Busha v. Compton, No. C20182328 (Ariz. Super. Ct. Pima Cty. Mar. 22, 2022).

Plaintiff counsel: John N. Vingelli, Scottsdale, Ariz.; and AAJ member David W. Sumner, Tucson, Ariz.