A 55-year old woman was suffering from lower back pain when her neurosurgeon detected a lesion on imaging in her lumbar region that appeared to him to be benign. A gross total resection of the lesion was attempted, leading to a condition known as “foot drop” in which nerve damage or partial paralysis limits movement of the foot. A frozen section biopsy of the lesion, which was later determined to be a B-cell lymphoma that would have been better treated with radiation and chemotherapy, was not performed prior to the surgery. Dan Hodes with Hodes Milman, LLP represented the plaintiff in mediation, resulting in an $180,000 settlement.

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