We’d like to report the settlement of the captioned matter in the amount of $1,500,000 which was entered into on Friday, August 29, 2014. We represented Brenda Beahm. On December 22, 2004, Ms. Beahm underwent a lymph node biopsy taken from the right posterior triangle of her neck. Ms. Beahm immediately suffered pain in her right shoulder.

Over the succeeding months, Ms. Beahm lost range of motion and function in her right shoulder. Ms. Beahm went to a number of physicians in an attempt to determine the cause of her shoulder pain and loss of function. 34 months after the biopsy, Ms. Beahm saw Dr. Jeffrey Visotsky, who diagnosed Ms. Beahm with a spinal accessory nerve injury caused by the December 22, 2004 lymph node biopsy.

In January 2008, Ms. Beahm traveled to Mayo Clinic where they confirmed the spinal accessory nerve injury. As a result of the spinal accessory nerve injury, Ms. Beahm suffers from constant pain requiring narcotic and other pain treatments and lack of function in her right shoulder and arm.

The case went to trial before the Honorable Dorothy French-Mallen in DuPage County in April 2013. After a two week trial, a mistrial was ordered because of a hung jury. The defendants argued that the spinal accessory nerve injury was not caused by the biopsy and that there was no negligence even if the injury did happen during the biopsy. The case was set for re-trial starting on September 8, 2014. Settlement was agreed upon with the assistance of Judge French-Mallen on August 29, 2014.

Awards & Memberships