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$2.25 Million Arbitration Award for Botched Sinus Surgery

Attorneys John M. Dodig and Jason A. Daria secured a $2.25 million arbitration award in a case arising from a botched sinus surgery.

The client presented to a hospital emergency department in need of emergent treatment for injuries he sustained from a physical assault. A CT scan of his head revealed a frontal sinus fracture, and he underwent sinus obliteration surgery that day.

In the years following the surgery, the client complained of ongoing symptoms, including headaches, blurred vision and facial swelling, which suggested a progression of infection and inflammation in the sinus area. Such conditions resulted in him undergoing two subsequent surgeries: a bifrontal craniotomy with exenteration of the left frontal sinus followed by a revision cranioplasty surgery.

Dodig and Daria consulted with highly regarded and nationally prominent medical experts to establish that the surgeon who performed the initial surgery breached the medical standard of care by improper use of a bone cement contrary to manufacturer’s guidelines and failing to properly seal the nasofrontal duct. Dodig and Daria argued that the breaches resulted in the client having to undergo the two subsequent surgeries, with resulting disfigurement, as well as chronic physical pain and emotional symptoms. As a result of his injuries, the client, who previously worked as a steamfitter, was not able to return to any form of employment.

The defendant surgeon aggressively defended the case by contending that there was no breach of the standard of care in his performance of the surgery and that any complications and future surgical needs were the result of the client’s failure to comply with the post-operative instructions, including his failure to undergo necessary periodic diagnostic testing and follow-up examinations, as well as his lifestyle choices.

The matter was arbitrated over the course of two days by a private alternative dispute resolution provider.