Professional Negligence Law Reporter

Harper Kachel had a history of lumbar laminectomy. When she was approximately 20 years old, she was evaluated for low back and hip pain that radiated to her feet. Neurosurgeon James Thurmond performed fusion surgery at L4-5 and L5-S1, with assistance from a general surgeon. During the procedure, Kachel’s left common iliac artery was injured, necessitating placement of a graft. The graft became occluded and attempts to correct the condition were unsuccessful. As a result, Kachel now suffers from significant left leg pain and has an increased risk of limb loss due to arterial insufficiency.

Kachel sued Thurmond, alleging the defendant wrongfully damaged her left common iliac artery, which he failed to properly identify or protect. The plaintiff also claimed that the defendant failed to recommend a less invasive procedure in light of her age and medical history.

The jury awarded $300,000 in noneconomic damages.

Citation: Kachel v. Thurmond, No. CI-19-06171 (Pa. Ct. Com. Pl. Lancaster Cnty. Mar. 1, 2024).

Plaintiff counsel: AAJ member Mark C. Atlee and Melissa A. Jabour, both of Lancaster, Pa.