Paul Karp (Partner-New York, NY) successfully defended a cardiovascular surgery team alleged to have injured the plaintiff during cardiac surgery. The 65-year-old plaintiff was in poor overall health when he presented with shortness of breath and chest pain on exertion. He underwent a cardiac catheterization and was found to have three separate blockages of 80%, 90% and 100%. A quintuple bypass surgery was performed by our clients, two cardiovascular surgeons and a cardiac anesthesiologist at St Luke’s Roosevelt Hospital. The surgery was a success with no complications. During his 12-day admission, the plaintiff complained of severe right shoulder pain and weakness. An MRI confirmed that he had sustained an injury to the brachial plexus. The plaintiff (who is right hand dominant) claimed that he no longer could use his right arm and right hand. 

The plaintiff testified that as soon as he woke from anesthesia, he told doctors and nurses of severe pain; the medical documentation did not have a complaint until one week after the surgery. It was our defense that the plaintiff developed a rare autoimmune disorder affecting the brachial plexus called “Parsonage Turner Syndrome.” When researching the literature on this condition, Paul found a leading national/international expert in the syndrome, Dr. Joseph Feinberg, and retained him. Dr. Feinberg explained that while the surgery did trigger the injury, the injury was in fact caused not by the negligence of surgeons or staff, but by Parsonage Turner Syndrome. The trial started on May 23, 2022, and did not conclude until July 7, 2022. The jury deliberated 1 hour and 15 minutes and acquitted the firm’s clients.