Nicholas Hurzeler Pens Law360 Expert Analysis On Spine Claim Defense Strategy

New York, N.Y. (September 6, 2023) – New York Partner and Vice Chair of Lewis Brisbois’ Appellate Practice Nicholas Hurzeler recently authored an Expert Analysis article for Law360 titled “A New Strategy For Defending Spine Injury Claims,” addressing how the use of peer-reviewed scientific articles can help attorneys defend high-stakes accident cases in which spinal injuries are alleged.

Mr. Hurzeler opens the article by asserting that peer-reviewed articles can aid trial lawyers in addressing, through expert testimony and cross-examination, whether a plaintiff’s spine surgery “was medically necessary, and whether it was proximately caused by the accident in question.” When used in conjunction with “related visual media,” he writes, these materials can help juries parse through the difficult causation questions that often arise in spine claims, which crop up in motor vehicle accident, premises liability and other cases and may expose defendants to verdicts in the seven-figure range.

The current prevailing strategy for defending spine claims, Mr. Hurzeler continues, tends to lean on expert testimony from orthopedists, radiologists, biomechanical experts and others that can be dry and difficult for juries “to absorb and comprehend,” particularly when they are presented with competing expert opinions from the plaintiff’s counsel. 

A key part of Mr. Hurzeler’s proposed new strategy is the retention of experts to prepare peer-reviewed scientific articles that focus specifically on the “topic of spine injuries, causation and spine surgeries.” Once published, he writes, these articles become part of the permanent record of a case and can be “freely cited” by defense experts — an approach that has proven to be effective in other contexts, including asbestos litigation.

To ensure that a published study is admissible in court, Mr. Hurzeler posits, defense counsel must ensure that it is “relevant to the details of a particular case.” He concludes that, given the high verdict values faced by defendants in spine cases, defense lawyers would “be well advised to expand their current arsenal,” and obtaining new peer-reviewed scientific articles “on key issues could go a long way to developing fresh defenses in this challenging area of the law.”

Mr. Hurzeler is a partner in the New York office of Lewis Brisbois and a Vice Chair of the Appellate Practice who focuses on appellate work, motions, and trials. He has briefed and argued over 130 appeals in the New York State Appellate Divisions and Second Circuit Court of Appeals, with a strong track record of success. He engages in extensive motion practice in the lower courts, from pre-answer motions all the way through trial and post-trial motions, including numerous summary judgment motions, and motions at the appellate level. 

Read the full article on Law360 here (subscription may be required).