Gerspach Sikoscow obtains discontinuance in action involving tourniquet-related femoral nerve palsy

In November 2020, Gerspach Sikoscow filed a summary judgment motion on behalf of its client, an orthopedic surgeon, in Richmond County Supreme Court. The 61-year-old plaintiff claimed that she developed femoral neuropathy secondary to a tourniquet that was placed by our client during a total knee replacement surgery. Plaintiff originally claimed that the tourniquet was inflated to an excessive pressure and applied for an excessive period of time, but after discovery, was permitted to amend her pleadings to add the theories that the tourniquet was under-pressurized and that an improper cuff size was used. In support of our summary judgment motion, we submitted the affidavit of a board-certified orthopedic surgeon who opined that the tourniquet pressure used during the subject surgery, 325 mmHg, and the total tourniquet time, 61 minutes, were well within accepted parameters; that tourniquet-related nerve injury is rare, but can and does occur even when tourniquet pressure and total tourniquet time are within the safe range; that there are no studies or case reports linking nerve injury to under-pressurized tourniquet cuffs; and that the cuff width used in this case was standard and appropriate. On the day prior to a scheduled oral argument of our motion, plaintiff's counsel submitted a stipulation discontinuing all claims against our client.