You are not logged in to View Login, Logout and Profile

Click to return to blog page

Plotting the Cervical and Lumbar Surgery Trials

        Below is a plot of recent general damage awards for "single primary injury" cervical and lumbar surgery trials. At CompQuantum, single primary injury damages are defined as those awards associated overwhelmingly with a single injury, which excludes minor injuries that likely did not materially affect the result. So, for example, none of the damages below were awarded to a plaintiff whose treatment included both cervical and lumbar surgery. Links to the cases follow.

        Only one trial judgment reported at CompQuantum that satisfies the criteria was excluded. In Greene v. Lovisa, 24th JDC 726,691 (3/24/16), a Jefferson Parish jury awarded $1,000,000 for a two level cervical fusion with multiple surgeries. The Fifth Circuit vacated the award on finding that the trial court improperly granted plaintiff's motion for directed verdict on fault. See Greene v. Lovisa, 16-660 c/w 16-661 (La.App. 5 Cir. 05/17/17), 221 So.3d 270. Arguably, the trial judgment could be included because the Fifth Circuit decision was not based on a quantum assessment. However, it was such an outlier - the "cervical mean" jumps to $308,692 with Greene included - that the 5th Circuit reversal justified leaving it out.

Cases ordered according to general damage quantum from high to low:

Posted: May 2, 2019