Doctor sued for allegedly performing improper neck surgery

NEW ORLEANS – A patient is suing her former doctor after she learned her neck surgery was allegedly improperly performed.

Suson Pardew Shaw filed suit against Kenneth N. Adatto M.D. and Orleans Orthopaedic Associates LLC in the Orleans Parish Civil District Court.

According to the suit, Adatto operated on Shaw on Dec. 12, 2007, performing an anterior cervical surgery with the placement of an intervertebral spacer. Adatto allegedly recommended the surgery after Shaw complained of neck pain and other upper extremity problems. Shaw asserts she continued to have pain and problems with her neck after surgery and continued to go to see Adatto, last seeing him on Sept. 29, 2008, at which time Adatto assured Shaw that the spacer was in good position and alignment, the suit claims.

On Nov. 21, 2008, after moving to Baton Rouge, Shaw saw Dr. Kevin McCarthy, a spine fellowship trained orthopaedic surgeon. McCarthy informed Shaw that the spacer was placed anteriorly which was not in proper position. Shaw then had to have a corrective surgery performed by McCarthy, the suit says.

Adatto and Orleans Orthopaedic Associates are accused of failing to perform the December 2007 surgery properly, improperly placing an intervertebral spacer and failing to realize the intervertebral spacer was not place properly.

Shaw is suing for damages including physical injury, impairment of function and disability, mental anguish, humiliation, inconvenience and distress, pain and suffering, loss of enjoyment of life, medical expenses and loss of future earning capacity.

Shaw is represented by David Abboud Thomas of Baton Rouge-based Walters, Papillion, Thomas, and Cullen LLC.

Case is assigned to Division I Judge Piper D. Griffin.

Case no. 2014-00791.