Our client, an orthopedic surgeon, performed a spinal fusion on Plaintiff. The hardware used in the surgery ultimately failed and Plaintiff sued, alleging that our client failed to properly secure the hardware. We argued that hardware failure is a known complication of the procedure, that our client’s care fully complied with the standard of care, and that Plaintiff’s expert was no longer performing the surgery in question and, thus, was unqualified to offer the opinions he was offering.
DECISION: The district court granted summary judgment in favor of our client, determining that Plaintiff’s expert was not qualified under MCA § 26-2-601(1)(a) because he had failed to perform the surgery at issue within the previous 5 years.
On appeal, the Supreme Court affirmed the district court’s decision.