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Judgment upheld in brain surgery lawsuit

By The Associated Press

This article was published December 13, 2012 at 6:23 p.m.

— The Arkansas Supreme Court has upheld an $11 million judgment an insurer for Arkansas Children’s Hospital was ordered to pay a Mabelvale couple after a doctor operated on the wrong side of their son’s brain.

Thursday’s ruling rejected appeals by Proassurance Indemnity Co. and of the parents of Cody Metheny.

The Metheny’s wanted the court to restore the original $20 million judgment after it was reduced by a judge to $11 million. The insurance company argued for a new trial so a jury could consider whether doctors involved in the surgery should share blame.

The court rejected both arguments.

Cody Metheny was 15 when he underwent surgery in an effort to end seizures. The surgeon operated on the wrong side of the brain at first and Metheny now lives in a rehabilitation center.

Read more on this story in tomorrow's Arkansas Democrat-Gazette.

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