Christina Huston (Of Counsel-Houston) and John Shepperd (Partner-Houston) obtained a defense verdict for a neurosurgeon client in the 170th District Court of McLennan County, Waco, Texas, after a four-day trial.

The plaintiff in this case, a 44-year-old female, underwent an anterior cervical discectomy performed by our client, followed by a posterior cervical laminectomy and fusion after her continued complaints of pain and neurological symptoms. The plaintiff later experienced significant deterioration, including impaired mobility and bowel and bladder issues, and ultimately sought care from a subsequent neurosurgeon who performed a two-level corpectomy. The plaintiff alleged that our client negligently failed to recognize the need for a corpectomy from the outset, asserting claims supported by expert testimony and seeking substantial damages, including a life care plan valued at $3.8 million, as well as lost earnings and noneconomic damages.
 
At trial, Christina and John presented evidence and expert testimony establishing that both procedures performed by the client were appropriate and within the standard of care. They further demonstrated that the plaintiff initially improved following the second surgery, but deteriorated weeks later due to a known postoperative complication – an encapsulated fluid collection placing pressure on the spinal cord. Evidence showed this condition, rather than any surgical decision-making, caused the patient’s subsequent neurological decline, and was later addressed during the third surgery. The Wilson Elser team also noted that our client did not have access to critical post-operative imaging after the second surgery, which he had ordered before the patient transferred care.
 
After approximately two hours of deliberation, the jury returned an 11–1 verdict in favor of our client, finding no negligence on the surgeon's part despite the patient suffering poor outcomes after the first two surgeries.