In a riveting legal battle, the New Jersey Superior Court’s Appellate Division has upheld a trial court’s decision to dismiss a medical malpractice lawsuit involving allegations of surgical negligence. The case was filed by Ira Weissman against Dr. Sean Li, Premier Pain Center, LLC, and Specialty Anesthesia Associates, LLC, on December 5, 2025. The lawsuit centers around a spinal surgery that allegedly resulted in debilitating pain for the plaintiff.
The crux of the case revolves around Weissman’s claim that Dr. Li caused nerve damage during a minimally invasive lumbar decompression (MILD) procedure performed in August 2019. Weissman began experiencing severe pain in his right leg and foot shortly after the surgery. He accused Dr. Li of deviating from standard medical practices by operating on an unconsented vertebral level (L5-S1), which he argues led to his injuries. Despite undergoing further surgery in December 2021 to alleviate his condition, Weissman continues to suffer from mobility issues requiring the use of a cane.
Weissman’s legal team presented an expert witness, Dr. Frederic Gerges, who is board-certified in anesthesiology and pain management. However, the trial court excluded Dr. Gerges’s testimony on causation due to two primary reasons: his admission during deposition that he would “defer to a neurologist” regarding the cause of Weissman’s symptoms and his expert report being deemed as providing inadmissible net opinions without sufficient factual basis or explanation.
The defense countered with their own experts who argued that Dr. Li adhered to professional standards during the MILD procedure and that Weissman’s pre-existing spinal conditions could account for his symptoms rather than any alleged surgical negligence.
On appeal, Weissman contended that excluding Dr. Gerges’s testimony was erroneous and sought reconsideration with a new neurologist expert report after discovery had closed—a request denied by the trial court for lack of exceptional circumstances.
Ultimately, Judge Sabatino delivered the opinion affirming the trial court’s decision not to reopen discovery or accept new expert testimony post-discovery deadline due to procedural constraints and lack of compelling justification from Weissman’s side.
Representing Ira Weissman was attorney Michael Wiseberg from The Dratch Law Firm PC while Beth A. Hardy argued for the defendants with counsel from Farkas & Donohue, LLC including Evelyn C. Farkas and Christine M. Jones contributing on briefs. The case was presided over by Judges Sabatino, Walcott-Henderson, and Bergman under Docket No. A-2213-23.
Source: A221323_Weissman_v_Li_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf
