Attorney Lanny Vickery has won an important battle for John Vaughan in his case against ETS surgeon David Nielson in Texas. The lower court had refused to hear
the case. In her opinion, Justice Rebecca Simmons found that Vaughan was suffering from a number of problems caused by sympathectomy, including a "split
body syndrome". This is the first use of that term in any court proceeding, as far as I know.
Concluded Justice Simmons:
http://209.85.173.132/sea...&cd=3&gl=us&client=safari
Concluded Justice Simmons:
Vaughan presented evidence raising a fact issue as to whether Nielson misrepresented the risks and the likelihood of success for ETS. Vaughan also presented some evidence that Nielson breached the standard of care by misdiagnosing Vaughan's condition, failing to recommend alternative treatments, and performing an unnecessary procedure. The trial court, therefore, erred in granting summary judgment for Nielson.
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