Professional Negligence Law Reporter

Doe, 77, underwent a thoracic kyphoplasty to treat a fracture at T5. The surgery was performed in the office of Roe orthopedic surgeon. Although Doe complained of severe pain during and after the kyphoplasty, Roe discharged her shortly after the procedure. Early the next morning, Doe went to an ER, where testing allegedly revealed a fluid leak originating from the surgical site. Studies also allegedly revealed that the cement used during the procedure had extravasated and embolized into Doe’s pulmonary blood vessels. She was hospitalized and underwent decompression surgery for cauda equina syndrome.

Doe sued Roe, alleging improper performance of the kyphoplasty in that the defendant failed to conduct or interpret fluoroscopy of her thoracic spine during the procedure. This lack of visualization led the defendant to insert cement into the T5 vertebra too aggressively, the plaintiff argued.

The parties settled for $625,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Confidential Ct. Mar. 22, 2023).

Plaintiff counsel: AAJ members Travis W. Markley and Richard L. Nagle, and James N. Knaack and Benjamin Wengerd, all of Reston, Va.