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Man hurt in surgery to get $3.6 million

Jury: Surgeon breached standard of care during operation at Christiana Hospital

A federal jury in Wilmington awarded a Chesapeake City, Md., man $3.6 million Friday in a medical malpractice lawsuit.

The panel found Dr. Bikash Bose breached the acceptable standard of care in a way that injured George McCusker, 52. The jury of four women and five men deliberated about three hours before it assessed the damages against Bose’s Neurological Consultants.

“I’m real pleased,” McCusker said after the verdict. “I had good representation and everything was brought out that should have been brought out.”

McCusker once worked in the aircraft and yacht refinishing business but had to leave the profession after his Cervical spine surgery, performed Sept. 20, 2000, at Christiana Hospital. He cannot raise his arms straight in front of him to a level above his chest, and he cannot twist his arm in a way that rotates his hands. He now works in real estate.

McCusker’s attorneys, Ben T. Castle and Neilli Mullen Walsh, said they argued their client’s injuries were the result of a spinal cord injury that happened during the surgery and was not detected or corrected.

Castle said attorneys on both sides agreed there was an injury, although the defense argued it was a complication of the surgical procedure.

Neither Bose nor defense attorney Gilbert F. Shelsby Jr. would comment while leaving court.

Castle said he and Walsh were pleased by the verdict.

“The jury saw it right. They understood the case and did the right thing,” he said.

Judge Kent A. Jordan presided over the trial, which lasted five days.

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