$4 Million Medical Malpractice Verdict in Montgomery County

Filed under: News, Personal Injury by Contributor @ September 16, 2013

A Hatboro, Montgomery County man was awarded $4 million for pain and suffering after injuries from a cyst removal. 29-year-old Jeffrey Hierholzer went to his doctor, Dr. Harris Cohen of Hatboro Medical Associates, in 2009 to have a cyst on his neck removed. Dr. Cohen performed an incision and drainage, “but did not perform a complete head and neck evaluation before rendering a diagnosis”.

After some time, Hierholzer began to experience pain and “progressive weakness and loss of normal use of his left shoulder”. Another doctor at Hatboro Medical Associates examined him and “thought there was a possibility that Hierholzer’s left trapezius muscles were atrophied”. As it turns out, Dr. Cohen had severed the spinal accessory nerve, which is “a major motor nerve that comes off the cervical spinal cord”. A follow-up surgery was performed to repair the nerve but that proved unsuccessful. Hierholzer’s shoulder was permanently injured and weakened, which affects his job as an HVAC mechanic. Hierholzer sued the doctor for medical malpractice, also known as medical negligence.

Hierholzer claimed in his lawsuit that Dr. Cohen’s “failure to protect and preserve the spinal accessory nerve” caused his irreparable injuries. On August 22, a jury awarded Hierholzer $1 million for past pain and suffering, and $3 million for future pain and suffering.

If you have been hurt by the actions or negligence of another, contact a personal injury lawyer at Fairlie & Lippy for a free consultation.

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