A neurosurgeon and neurosurgical resident performed a decompressive lumbar laminectomy on a 58-year-old man. A durotomy occurred during the surgery ,causing injury to his sacral nerve roots S-2, S-3 and S-4. As a result, the man suffers from a neurogenic bowel and bladder. No settlement offer was made. At the arbitration, five neurosurgeons, who performed a combined total of 5,700 decompressive lumbar laminectomies, testified that the surgeries they performed had never resulted in a cauda equina syndrome. The arbitrator returned an award of $720,000. Daniel Hodes represented the Claimants.

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