Date: 06-30-2000

Case Style: Sean and Lona O'Reilly v. William O. DeWeese, M.D. and William O. DeWeese, M.D., P.A.

Case Number: 98-00355

Judge: Ralph Steinberg

Court: Thirteenth Judicial Circuit, Hillsborough County, Florida

Plaintiff's Attorney: C. Steven Yerrid and Ralph L. Gonzalez of The Yerrid Law Firm, Tampa, Florida

Defendant's Attorney: Thomas Saieva and Leslie Stine of Saieva, Rouselle & Stine, P.A., Tampa, Florida

Description: Medical Malpractice - Wrong site surgery to the cervical spine - Diskectomy and fusion performed at C6-C7 level instead of C5-C6 level. Defendant William O. DeWeese, M.D., deviated from the standard of care by performing the diskectomy at the wrong cervical level, failing to do an appropriate pre-operative work-up and by failing to appreciate the patient's congenital fusion at C2-C3. The client underwent a subsequent surgery that was required to address the disc herniation. In addition, because several levels of his cervical spine have been fused, including two unneccessarily, Mr. O'Reilly has permanent limits on his range of motion and lives with chronic and significant pain in his neck from facet arthorpathy, added stress on the cervical joints and residual nerve damage. Plaintiff is a 42 year-old husband and father of three children. Employed full time at Tampa Electric Company as a service man for almost 20 years.

Outcome: Plaintiff's verdict for $3.8 million ($1.4 million for economic damage; $1.9 million for pain and suffering; $500,000 as loss of consortium for wife Lona O'Reilly).

Plaintiff's Experts: Gary J. Lustgarten, M.D, Neurosurgeon, North Miami Beach, Florida ;Shane Vervoort, M.D., Physical Medicine & Rehabilitation, Ft. Walton Beach, Florida ; Frederick Raffa, Ph.D., Economist, Tampa, Florida ; Richard Hoffman, Ph.D., Psychologist, Tampa, Florida ; Paul M. Deutsch, Ph.D., Vocational Rehabilitation, Oviedo, Florida

Defendant's Experts: Michael Shahnisarian, Ph.D., Vocational rehabilitation, Tampa, Florida ; Robert Martinez, M.D., Neurology, Tampa, Florida ; Joseph Maroon, M.D., Neurosurgery, Pittsburgh, Pennsylvania ; Daivd L. Roverts, Ph.D., Economist, Tallahassee, Florida ; Mary Edwards-Brown, M.D. Neuroradiologist, Indianapolis, Indiana

Comments: Three Fabre defendants were added to the verdict. The two radiological defendants were exonerated by the jury. The third Fabre defendant, the orthopedic surgeon who performed the srong level fusion, was found 10% negligent. Prior to trial, a confidential settlement was reached iwth two of the Fabre defendants, as well as University Community Hospital. Plaintiffs had to overcome and distinguish for the jury the injuries that the plaintiff recieved from a severe 1984 industrial accident requiring years of continuing treatment, from the damages caused by the medical malpractice in this action. The defense argued strenuously the wrong site surgery had virtually no effect and plaintiff's "neck problems" were all pre-existing. Alternately, the defendant doctor argued he was misled and was reasonable in relying on the other doctors who provided "bad information" and misled him into operating on the wrong site.