Sellers and Morris Obtain Defense Verdict in Personal Injury Trial
Randy Sellers and Ben Morris obtained a defense verdict for a general surgeon in a personal injury case tried in Walker County, Alabama. The case involved a patient with a history of renal cancer who developed a mass in his left supraclavicular area that was suspicious for cancer. The surgeon removed the mass and sent it to pathology. The pathology report identified the mass as a tumor of the brachial plexus (a bundle of nerves). The brachial plexus was permanently damaged and the patient had significant pain and limitations of movement in the left arm. The plaintiff contended that the surgeon should have diagnosed the schwannoma pre-operatively by performing a fine needle biopsy and ordering an MRI. The plaintiff also contended that the surgeon should have removed the mass without injury to the brachial plexus. Following a four day trial, the jury returned a verdict for the surgeon.
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