Summary Judgment Granted to Neurosurgeon in Brain Surgery Case

Gerspach Sikoscow obtained summary judgment and dismissal on behalf of a board-certified neurosurgeon who performed a surgical resection of a left cerebellar cavernous hemangioma (a benign capillary tumor-like lesion). The plaintiff alleged that the surgery was unnecessary and improperly performed, and that there was a negligent failure to timely diagnose and appropriately treat post-operative cerebrospinal leak and bacterial meningitis. In support of their motion, defendants submitted an expert affirmation by a board-certified neurosurgeon who opined that the surgery was indicated and properly performed; that dural leaks such as the plaintiff experienced are unavoidable and occur even in the best of hands; that the patient exhibited no signs or symptoms of infection until her re-admission to the hospital sixteen days post-operatively; and that once re-admitted, she was given appropriate antibiotic therapy and seen by appropriate specialists. During the pendency of the motion, plaintiff's counsel advised his expert was unable to refute the defense's arguments and the motion was granted without opposition.