Washington State Jury Awards Patient $ 1,219,052 In Medical Malpractice Action Against Spine Surgeon Who Improperly Performed Scoliosis Corrective Surgery
Plaintiff, Emily Daley, 42, had suffered from scoliosis since she was a teenager, but her back pain worsened during the summer of 2011. In July of 2011, Dr. Michael Thomas, D.O. performed scoliosis surgery on Daley to assist with her pain. While the surgery initially provided some pain relief, the surgery allegedly caused Daley to suffer a severe forward and left lean, and Dr. Thomas allegedly then failed to provide her with adequate follow-up. After obtaining care from numerous providers and consulting with several local spine surgeons for over three years, Daley's forward and left lean was ultimately corrected in an August 2014 operation performed by Dr. Lawrence Lenke.
On June 1, 2015, Daley filed a complaint against Dr. Thomas and Cascade Neurosurgical Associates, P.L.L.C., N.F.N. in the Washington Superior Court for Yakima County. Prior to trial, Daley demanded defendant's insurance policy limits. Defendant made no counteroffer.
On July 17, 2017, the parties appeared for a jury trial that was presided over by Judge Gayle M. Harthcock. Following seven days of trial, the jury reached a verdict in Daley's favor, awarding her $ 1,219,052.00 in damages on July 27, 2017.
Plaintiff was represented by Felix Luna and Tomas Gahan of Peterson Wampold Rosato Feldman Luna in Seattle, WA. Defendants were represented by David Thorner and Megan Murphy of Thorner Kennedy & Gano in Yakima, WA.
Lexis Advance subscribers may view the complete summary, including expert information, here: Emily C. Daley v. Cascade Neurosurgical Associates, P.L.L.C., N.F.N.; Michael A. Thomas, D.O; 2016 Jury Verdicts LEXIS 1286
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