The plaintiff underwent spinal surgery on October 12, 2004. During the operative procedure, a surgical screw was negligently placed, and as a result it was lost when it fell outside the operative field. After three hours of unsuccessfully searching, the surgeon elected to leave the screw inside the plaintiff's body. Additional hardware that was inserted into the plaintiff's spine was also left inadequately secured.
Post-operatively, the plaintiff and his wife consulted another spinal surgeon, who recommended a second operation to remove the screw and resecure the additional hardware. This occured, but was followed by several additional operative procedures because of the development of a post-operative infections.
Mr. Ratkowitz resolved the case after the depositions of the plaintiffs and the defendant.