Artery cut in surgery for meniscus tear – $500,000 Verdict (plus interest)

Plaintiff was a 69-year-old woman who underwent an arthroscopic surgery of her right knee on Sept. 21, 2006, for a mild tear of her medial meniscus and removal of several posterior “loose bodies.”

The plaintiff’s expectation was that she would be home within four to five hours after the out-patient procedure. Unfortunately, her popliteal artery and vein were completely transected during the surgery, which is a life- and limb-threatening injury.

Plaintiff’s expert opined that the shaver used to de-bulk the loose body, which has incredibly sharp “teeth” and spins at 9,000 rpm’s, penetrated the posterior capsule and did the damage. The injury was not recognized at the end of the procedure due to the fact that it was performed with a tourniquet in place. In the immediate post-operative period, the plaintiff was observed to have a cold, dusky foot with absent pulses.

The defendant surgeon dictated the plaintiff’s operative note, did a pre-operative workup of the next surgical patient and operated on another patient. Plaintiff was in pain and received seven doses of Fentanyl and Morphine over the next 55 minutes.

The defendant surgeon finally checked back on the patient, performed the Doppler, and consulted with a vascular surgeon. The plaintiff was emergently transported to Martha Jefferson Hospital, told that she might die or lose her leg, and underwent a massive, five-hour procedure. The vascular surgeon was able to save her artery with a graft, but not the vein.

The plaintiff underwent four fasciotomies and later developed wound infections. She has horrible scars on both legs and is permanently numb from the shin down with a partial drop foot (no dorsiflexion). The defense was that a fragment of the “loose body” spun off, causing the injury which it claimed was a known risk of the procedure.

The jury returned a verdict for the plaintiff in approximately 50 minutes.

[09-T-003]

Type of Action: Medical malpractice
Injuries Alleged: Scarring, loss of sensation, partial drop foot
Name of Case: Confidential
Court: Charlottesville Circuit Court
Name of Judge: Edward L. Hogshire
Verdict or Settlement: Verdict
Amount: $500,000 with interest on $120,000 from date of injury
Verdict Date: Nov. 20, 2008
Demand: None
Highest Offer: None
Plaintiff’s Expert: Orthopedic surgeon
Defense Expert: Orthopedic surgeon
Insurer: Medical Mutual Insurance Co. of NC
Plaintiff’s Attorneys: Lewis T. Stoneburner and Stephanie E. Grana, Richmond