Brooklyn Jury Clears Surgeon in Iatrogenic Femoral Nerve Injury

In 2009, the 42 year old male plaintiff underwent surgical resection of a retroperitoneal mass that was later determined to be a schwannoma, a benign nerve sheath tumor. During the procedure the surgeon cut several small nerves that entered the tumor. At the time she did not know whether the tumor was malignant or benign, and did not want to violate the tumor capsule. When she observed the patient's right leg twitch during dissection of the mass, she suspected the tumor could be a schwannoma involving the femoral nerve. She proceeded to cut the nerves and remove the mass en bloc. The plaintiff was rendered permanently unable to extend and lock his right leg at the knee after surgery, and requires the use of a knee brace to ambulate. It was undisputed that plaintiff suffered an injury to the femoral nerve during surgery. Plaintiff contended the defendant was negligent in failing to biopsy the mass and failing to consult a neurosurgeon prior to resection. Plaintiff also claimed that the defendant had completely transected the main femoral nerve, allegations the defendant denied. The jury found that the surgeon acted appropriately and met the standard of care. This was Mr. Gerspach's 43rd victory in his last 45 verdicts taken.