A surgeon performed a routine, anterior cervical discectomy on a 54-year-old mother. During the operation, the surgeon injured the patient’s left common carotid artery. Although the doctor attempted to repair the damaged artery, after the surgery imaging studies revealed a large cerebral cortical infarct. The patient died two days later as a result of the injury to the carotid artery and cerebral cortical infarct.

After an eight day jury trial, the jury deliberated for about 2.5 hours and returned a verdict for the plaintiffs. The award was $540,094 to the surviving spouse for economic damages and $160,000 to each of the five other plaintiffs, the surviving adult children, for non-economic damages, for a total award of $1,340,094. Costs and prejudgment interest were not included as part of the jury’s award. The presiding court then reduced the non-economic damages award to align with applicable statutory caps.

Past results are no guarantee of future results.