State of Wisconsin/Circuit Court/Manitowoc County
Medical Malpractice
Jury Trial

In January of 2014, Mark Budzinski successfully defended a general surgeon in a medical malpractice case alleging negligence in performance of a mediastinoscopy. During a mediastinoscopy to stage the plaintiff's lung cancer, the surgeon inadvertently biopsied the patient's esophagus instead of the intended lymph node. That injury eventually led to a perforation and an extremely difficult post-operative course including 5 additional surgeries, 2 months in the hospital followed by 4 months in a nursing home. The plaintiff incurred almost $500,000 in past medical expenses and requested 1.5 million dollars in damages from the jury. After less than two hours of deliberation, the jury found the defendant physician not negligent.