Supreme Court, Richmond County grants summary judgment to neurosurgeon who was alleged to have negligently performed an L3 kyphoplasty, resulting in bone cement leakage and nerve root entrapment

Gerspach Sikoscow obtained summary judgment and a complete dismissal of the claims pending against its clients, a board-certified neurosurgeon and a multispecialty healthcare group, in Supreme Court, Richmond County. The case involved allegations that our client unnecessarily performed a kyphoplasty to treat an acute, symptomatic L3 compression fracture that did not improve after a two-week period of conservative care. The plaintiff also alleged that our client failed to monitor for cement leakage, resulting in extravasation of bone cement into the right psoas muscle. The plaintiff claimed that the extravasated bone cement caused her to become severely disabled with excruciating low back pain, abnormal sensation in the right leg, and weakness and buckling in the right knee. At the close of discovery, we filed a motion seeking dismissal of the malpractice claims as well as plaintiff’s cause of action sounding in lack of informed consent. We submitted evidence which established that the plaintiff was an appropriate candidate for a kyphoplasty; that the procedure was properly performed by our client, who properly terminated the procedure when he observed bone cement starting to exit the vertebral body; and that the plaintiff’s current complaints were more likely related to the original trauma rather than the small amount of extruded bone cement. After hearing oral argument, the court determined that plaintiff had failed to submit sufficient evidence to rebut our showing of entitlement to judgment as a matter of law. Consequently, the court dismissed all causes of action.