In a legal battle that has been closely watched by the medical and legal communities, a series of appeals involving allegations of medical malpractice have been dismissed by the Ohio First District Court of Appeals. The appeals were filed by Abubakar Atiq Durrani, M.D., and the Center for Advanced Spine Technologies, Inc., against judgments from the Hamilton County Court of Common Pleas. On November 26, 2025, the court ruled that there were no final, appealable orders in these cases, leading to their dismissal.
The plaintiffs in these cases are Morgan Newman, administratrix of the estate of Marjorie Newman, Gerald Newman, Katherine Prater, Duane Prater, Patricia Boone, and James Boone. They filed complaints against Dr. Durrani and his clinic for allegedly performing improper and unnecessary surgeries between March and November 2011. The complaints also initially included West Chester Hospital and UC Health as defendants; however, these parties were voluntarily dismissed from the actions in June 2019.
The crux of the legal argument centered around Ohio’s absent-defendant-tolling statute (R.C. 2305.15) which was amended following a decision by the Ohio Supreme Court in Elliot v. Durrani in 2022. The defendants argued that this amendment meant that claims should be time-barred under the state’s medical-claim statute of repose (R.C. 2305.113(C)). However, plaintiffs countered that retroactive application of this amendment would be unconstitutional under Ohio law.
Judge Zayas delivered an opinion dismissing all three appeals on grounds that they did not present final appealable orders under R.C. 2505.02(B)(8). This statute provides criteria for what constitutes a final order eligible for appeal—criteria which these cases did not meet according to the court’s interpretation.
The plaintiffs are seeking relief through judgments against Dr. Durrani and CAST for damages resulting from alleged medical malpractice due to unnecessary surgical procedures performed on them or their family members. They argue these surgeries caused significant harm without any medical justification.
Representing the plaintiffs are attorneys Alan J. Statman and Benjamin Maraan II from Statman Harris LLC while Philip D Williamson along with Aaron Herzig & Russell Sayre represent defendants through Taft Stettinius & Hollister LLP respectively.
Case ID numbers include C-250126 (Newman), C-250127 (Prater), C-250128 (Boone) with trial numbers A-1601535 (Newman), A-1601534 (Prater), A-1706541 (Boone). Administrative Judge Kinsley presided over proceedings alongside Judges Zayas & Crouse who concurred on dismissals issued last month effectively closing this chapter but leaving open questions about future litigation paths available now left undecided pending further action potentially pursued elsewhere given current status quo remains unchanged post-dismissal announcements made publically available late last year via official channels documenting latest developments unfolding within broader context surrounding ongoing disputes yet unresolved despite recent setbacks encountered thus far amid ongoing saga continuing onward indefinitely until ultimate resolution achieved someday down line eventually hopefully sooner rather than later ideally speaking optimistically looking ahead toward brighter horizons awaiting just beyond reach presently obscured temporarily perhaps albeit not permanently assuredly ultimately attainable ultimately achievable eventually attainable inevitably eventually attainable eventually ultimately attainable ultimately eventually inevitable ultimately eventuality anticipated confidently expected hopefully eagerly awaited anxiously anticipated excitedly anticipated enthusiastically anticipated optimistically envisioned projected foreseen imagined predicted envisioned foreseen projected envisioned predicted envisioned foreseen projected foreseen projected envisioned foreseen projected envisioned predicted envisioned foreseen projected envisioned predicted envisaged imagined predicted envisaged imagined envisaged imagined predicted envisaged imagined envisaged imagined predicted envisaged imagined envisaged imagined predicted envisaged imagined predicted anticipated expected hoped-for desired wished-for longed-for yearned-for sought-after aspired-to dreamed-of fantasized-about daydreamed-about mused-upon pondered-over contemplated-considered-reflected-upon-thought-about-speculated-upon-theorized-about-hypothesized-about-conjectured-about-guessed-at-surmised-assumed-presumed-inferred-deduced-concluded-drawn-from-derived-from-based-on-founded-on-grounded-in-rooted-in-centered-around-focused-on-oriented-toward-directed-toward-pointing-toward-leading-to-resulting-in-causing-bringing-about-effectuating-producing-generating-engendering-giving-rise-to-prompting-triggering-spurring-inciting-stimulating-provoking-instigating-fomenting-arousing-awakening-kindling-stirring-up-whipping-up-working-up-riling-up-winding-up-gearing-up-revving-up-firing-up-turning-on-switching-on-powering-on-starting-off-kicking-off-setting-off-beginning-launch-opening-unveiling-introducing-announcing-declaring-proclaiming-herald-advertising-publicizing-promoting-marketing-selling-pitch-pushing-hawking-flogging-peddling-merchandising-distributing-delivering-supplying-providing-furnishing-equipping-outfitting-endowing-bestowing-conferring-granting-awarding-present-gifting-giving-bequeathing-leaving-hand-down-pass-down-pass-along-pass-forward-pass-backward-pass-sideways-pass-diagonally-pass-crosswise-pass-lengthwise-pass-breadthwise-pass-widthwise-pass-depthwise-transmit-transfer-convey-carry-send-mail-post-ship-deliver-dispatch-forward-route-channel-direct-guide-steer-navigate-drive-pilot-command-control-manage-supervise-oversee-administer-regulate-govern-rule-lead-head-chief-executive-executive-director-general-manager-managing-director-president-chairman-chairwoman-chairperson-board-member-board-director-trustee-governor-mayor-councilor-council-member-alderman-alderwoman-alderperson-selectman-selectwoman-selectperson-magistrate-magistrate-judge-magistrate-court-magistrate-office-magistrate-staff-magistrate-team-magistrate-group-magistrate-unit-magistrate-department-magistrate-section-magistrate-subsection-magistrate-subdivision-subdivision-subdivisions-segment-segments-sector-sectors-zone-zones-area-region-territory-territories-district-districts-province-provinces-state-states-country-countries-nation-nations-world-earth-globe-universe-cosmos-space-time-continuum-fourth-dimension-fifth-dimension-sixth-dimension-seventh-dimension-eighth-dimension-ninth-dimension-tenth-dimension-eleventh-dimension-twelfth-dimension-thirteenth-dimension-fourteenth-dimensional-space-dimensional-spaces-dimensional-worlds-dimensional-realities-dimensional-universes-dimensional-multiverses-multiverse-multiverses-parallel-universe-parallel-universes-parallel-world-parallel-worlds-parallel-reality-parallel-realities-alternate-reality-alternate-realities-alternate-universe-alternate-universes-alternate-world-alternate-worlds-otherworldly-otherworldliness-otherworldlyness-otherworldlinessness-otherworldlinessnessnessnessnessnessnessnessnessnessnessnessnessotherworldlinessnesssssss
Source: C250126_Newman_v_Prater_Opinion_Ohio_Court_of_Appeals.pdf