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Defense Verdict for Orthopedist
In March of 2017, Timothy J. Sheehan obtained a directed verdict in a case of a then 44 year old woman who claimed that her orthopedic surgeon improperly treated her injured left shoulder. Plaintiff claimed her torn labrum should have been reattached (and not resected) and that she underwent an unnecessary manipulation under anesthesia, which she further claims led to two three additional operations and the development of a myriad of other spine and gait abnormalities that left her physically and emotionally crippled. The defense maintained that the plaintiff had a serious “bucket handle” labral tear (which caused her shoulder to freeze) that could not be successfully reattached and that manipulation under anesthesia was the preferred method to regain optimal shoulder joint movement. The defense further argued that the plaintiff was the architect of her own post-op difficulties, as she abandoned a necessary physical therapy regimen, improperly immobilized her shoulder by placing her arm in a sling and underwent further procedures that were both unnecessary and unhelpful. Plaintiff was initially represented by counsel, but before trial she elected to represent herself. She did not call an expert witness and instead attempted to prove her claims by gamely calling the defendant to testify on her case. Not surprisingly, the defendant, a prominent Manhattan orthopedist, ably defended his medical and surgical treatment. Despite plaintiff’s emotional testimony to the jury – which featured her cross-country trips to undergo experimental forms of shoulder treatment and unsuccessful attempts to discern the cause for her balance and gait abnormalities – the trial Judge granted Mr. Sheehan’s dismissal motion at the end of plaintiff’s case for her failure to make out a prima facie case. (NY County Index No.: 103214/10)
