Professional Negligence Law Reporter

Craig Dobbs, 61, underwent a laminectomy at L2 to S1 performed by neurosurgeon Diaa Bahgat at VA Central Arkansas Veterans Healthcare System. During the procedure, he suffered an intraoperative dural tear while Bahgat was hammering in an interbody cage. The physician placed a muscle graft and applied Duraseal before placing a drain near the dural tear site. Postoperatively, Dobbs experienced aphasia. This led to testing, which revealed three brain bleeds. Dobbs suffered a brain herniation that has resulted in permanent brain damage.

Dobbs and his wife filed suit against the United States, alleging that Bahgat failed to ensure a watertight seal while closing the dural tear and placed a drain near the tear site. This led to cerebrospinal fluid leakage and the brain bleed, the plaintiffs asserted.

The court returned a verdict for the plaintiffs and awarded them more than $3.12 million.

Citation: Dobbs v. United States, No. 4:20-cv-01192-LPR (E.D. Ark. Dec. 5, 2023).

Plaintiff counsel: AAJ members Laurie Higginbotham and Tom Jacob, both of Austin, Texas.

Plaintiff experts: Christopher Taylor, neurosurgery, and Paul Moore, neurology, both of Dallas.