On the eve of jury selection, partner Adam Deutsch was able to settle our client’s medical malpractice action for $750,000. Our client who had a long history of urinary problems had Cyberknife radiation treatment for prostate cancer in 2015. After the radiation he suffered from urinary frequency and urgency. He sought treatment from a urologist on Long Island who recommended a procedure called a Transurethral Microwave Therapy (TUMT). We alleged that TUMT was contraindicated in patients who had previously undergone pelvic radiation like Cyberknife. Defendants took the position that TUMT was an acceptable treatment after radiation as long as a sufficient amount of time passed after the radiation to allow inflammation to subside. As a result of the TUMT our client suffered total incontinence. The parties went to non-binding mediation but were unable to resolve the case. The Friday before jury selection was set to commence for the trial Defendants paid the full amount demanded at the prior mediation.*
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*Other details of the case remain confidential pursuant to the settlement agreemeent.