$7.5 Million Settlement in Medical Negligence Action Against Neurosurgeon For Failing To Properly Treat A Cerebral Arteriovenous Malformation.

The Plaintiff was a 21 year old female who presented to the Hospital with a chief complaint of severe headache. Imaging showed a 4cm x 2cm x 2cm arteriovenous malformation(“AVM”) in the right choroid plexus which is located deep in the brain. The AVM had a small hemorrhage or rupture that was stable. As a result, a neurosurgeon was consulted. The main options for treating the AVM were conservative medical management versus micro-surgical incision or stereotactic radio surgery . Due to the location of the AVM, the Plaintiff alleged that the neurosurgeon deviated from the standard of care by recommending a two stage surgical removal of the AVM rather than radiation beam therapy, by failing to provide proper informed consent, and by performing a craniotomy in an improper manner. As a result, during the course of the procedure the surgeon improperly injured sensitive brain tissue resulting in internal brain bleeding and hypoxic brain damage. This led to hydrocephalus and a 4mm rightward midline shift. Subsequent MRIs, CTs and EEG showed she had suffered catastrophic brain damage. The Plaintiff underwent multiple subsequent brain surgeries to avoid a lethal brain herniation but was ultimately left in a persistent vegetative state. The Plaintiff sought economic and noneconomic damages. The surgeon denied any negligence. He argued that proper informed consent was given, that surgery was the only available option due to the location of the AVM and because it had already bled, that radiation therapy was not a reasonable medical alternative because of the risk of a sudden lethal AVM rupture during the 2 year treatment period, and that the surgery was done properly. The brain injury happened while attempting to remove the AVM during the performance of a retraction which is a known risk of the procedure. The defense further argued that the Plaintiff’s damages although serious were substantially mitigated due to a reduced life expectancy. The case settled prior to trial for $7.5 million dollars.