Plaintiff v Defendant Neurosurgeon


Mark M. Burden and David K. Duffey successfully defended a neurosurgeon at trial against allegations of negligence for improperly recommending and improperly performing an extensive neurosurgical procedure. Plaintiffs alleged that the defendant neurosurgeon misdiagnosed plaintiff’s condition, improperly recommended an extensive cervical spinal procedure, and improperly performed the surgical spinal procedure. The plaintiff suffered permanent damage to two cervical nerve roots, resulting in permanent neurological impairment. Plaintiff requested $7.2 million in damages, and a Winnebago County jury returned a verdict for the defense, awarding the plaintiffs no money. 

DBMS attorneys continue to work remotely in compliance with the Governor's ongoing shelter in place order and to ensure the safety of our clients, employees and colleagues. In addition to focusing on the work entrusted to us by our clients before the Covid-19 pandemic, we are assisting our clients in protecting medical caregivers from being compelled to turn away from their patients to participate in litigation activities that can wait until the virus is under control.

We salute the medical providers who are valiantly risking their personal safety for the benefit of all of us. Thank you. You are heroes.