Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 21, 1995 TAG: 9507210041
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
After hearing six hours of testimony, a medical malpractice review panel found that the evidence "did not support a conclusion that Dr. [Eric] Korsh deviated from the standard of care," his Roanoke attorney, Powell Leitch, said.
In a lawsuit filed last year, Gloria A. Perdue claimed that Korsh performed unnecessary back surgery on her, that he did not advise her of less-drastic options, and that he failed to follow up on her condition after the operation.
But in a unanimous decision, the panel of two doctors and two lawyers that met in Roanoke Circuit Court found insufficient evidence to support those claims.
The decision is not binding, and Perdue still can pursue her lawsuit. Under Virginia law, any party in a medical malpractice lawsuit can request a hearing before a medical malpractice panel.
Korsh requested Thursday's hearing, Leitch said.
Although the panel's finding does not preclude a lawsuit by Perdue, it most likely would be presented as evidence if the case does go to trial.
It is not likely to have a direct impact on the other lawsuits against Korsh, many of which involve the use of pedicle screws - surgical devices used to hold the spine stable after two or more adjacent vertebrae are fused during an operation.
The use of the screws has generated national controversy, and the U.S. Food and Drug Administration has said there is not enough information to document their safety or effectiveness. One problem is that the screws sometimes break inside the body.
"There has been so much hype nationally about pedicle screws, and so much hype locally about pedicle screws and Dr. Korsh, I hope this opinion at least clues people in that you don't necessarily have to believe everything you read," Leitch said.
Daniel Frith, a Roanoke lawyer who represented Perdue, could not be reached for comment Thursday.
Perdue did not testify, although the panel reviewed "voluminous" medical records, Leitch said. The panel also heard two expert opinions that Korsh did nothing wrong in the operation on Perdue. Korsh also testified, defending his actions.
Many of the lawsuits against Korsh also have named Lewis-Gale Clinic, where he worked, and Lewis-Gale Hospital, where he performed the operations. The panel found Thursday that there was no evidence that the clinic or hospital was negligent in Perdue's case.
At least one of the lawsuits against Korsh has been settled for about $500,000. Others are pending in Roanoke Valley and Richmond courts.
In April, the clinic announced that Korsh no longer was practicing there. Clinic officials declined to elaborate, citing "pending litigation." Korsh now operates his own practice, Leitch said.
by CNB