Defense Verdict Secured by SAKG Team

The SAKG team of Todd Scharnhorst, Bret Clark, and Karil Watkins recently achieved a defense verdict for a local ENT surgeon in a jury trial in the Circuit Court of Jackson County, Missouri.

The plaintiff underwent a thyroidectomy on June 24, 2020 performed by the Defendant ENT surgeon. It was subsequently discovered plaintiff had primary thyroid lymphoma, which is primarily treated with chemotherapy, rather than surgery. Plaintiff claimed the Defendant ENT surgeon was negligent in failing to obtain a preoperative biopsy, in failing to obtain an incisional biopsy, in attempting to fully resect the cancerous mass after receiving intraoperative frozen section results, and in performing a thyroidectomy for purposes of treating the patient’s symptoms. Defendant denied the allegations, claiming a preoperative biopsy would have provided limited benefit, and the plaintiff’s worsening symptoms were appropriate surgical indications for a thyroidectomy. Further, given the differential diagnosis following receipt of the frozen section, Defendant claimed exploring complete surgical resection of the cancer was indicated.

After a week-long trial, the jury returned a verdict in favor of the Defendant.