A recent appellate court decision has revived a medical negligence lawsuit involving serious allegations of procedural mishaps during spinal surgery. The case, filed by Colleen M. Reilly in the Montgomery County Court of Appeals on January 23, 2026, challenges a summary judgment that had previously favored Atrium Medical Center and its employee, surgical scrub technician Darcie McIntyre.
The case stems from a spinal surgery Reilly underwent in January 2022 under the care of Dr. Farbod Rastegar at Atrium Medical Center. During the procedure, McIntyre allegedly handed Dr. Rastegar an incorrect surgical instrument, which lacked a critical component known as a “depth stop.” This oversight reportedly led to the improper insertion of an implant into Reilly’s spine, resulting in significant injury. Despite Dr. Rastegar’s explicit instructions to use only instruments with depth stops, McIntyre’s error went unchecked due to the magnification required for the surgery obscuring the instrument’s flaw.
Reilly’s legal team argues that expert testimony was not necessary to establish negligence because McIntyre’s failure to follow clear physician orders falls within common knowledge and experience. They contend that Atrium Medical Center should be held vicariously liable for McIntyre’s actions under the doctrine of respondeat superior, which holds employers accountable for their employees’ actions performed within the scope of employment.
In her appeal, Reilly challenged the trial court’s requirement for expert testimony to prove negligence on McIntyre’s part. She asserted that since McIntyre failed to adhere to straightforward instructions regarding surgical instruments—a task well within a jury’s understanding—additional expert evidence was unnecessary. The appellate court agreed with this reasoning, emphasizing that following orders is not beyond lay understanding and therefore does not always require specialized testimony.
Reilly seeks compensatory damages for her injuries and asserts that Atrium Medical Center should bear responsibility due to its employee’s failure to execute basic procedural duties correctly. The appellate court’s decision mandates further proceedings in trial court where these issues will be examined more thoroughly.
Representing Reilly is attorney Thomas J. Intili, while John F. Haviland, Amber R. Mullaly, and Jaren A. Hardesty defend Atrium Medical Center. The judges presiding over this appeal were Mary K. Huffman, Jeffrey E. Froelich (concurred), and Michael T. Hall (concurred). The case is identified as C.A No. 30464.
Source: 2026Ohio208_Reilly_v_Rastegar_MD_Opinion_Ohio_Court_of_Appeals.pdf