Virginia Lawyers Weekly

Plaintiff, a 30-year-old male, went to defendant orthopedic surgeon with a two-week history of right wrist pain after injury at work as a sheet rock hanger. After conservative treatment failed, arthroscopy of the triangular fibrocartilage complex (TFCC) was performed.

Post-operatively, plaintiff continued to complain of persistent pain and swelling. Defendant saw plaintiff for approximately 15 office visits over the subsequent 12 months with little resolution of symptoms. A second opinion was obtained and defendant performed carpal tunnel release, which also did not resolve complaints.

Plaintiff continued with physical therapy and saw a hand specialist who performed arthroscopic procedure to remove a ganglion cyst. Ensuing follow-up examinations by the hand specialist (at that time, plaintiff elected not to return to care of defendant) noted improvement. However, due to continued trigger finger and wrist pain, the hand specialist performed a right wrist fusion and long finger trigger release. Because of wound closure problems and tendon exposure, two irrigation and debridement procedures were necessary.

At trial, plaintiff presented two expert witnesses, one of whom was the hand specialist that performed the procedures after defendant’s care had ended. Both plaintiff experts testified that plaintiff never had a TFCC tear and that defendant likely caused damage to both the lunate and triquetrum when he improperly and forcefully inserted a surgical instrument.

The defendant testified that the initial procedure was without incident and evidence was presented by the defense experts in orthopedic surgery and radiology who testified that plaintiff’s persistent pain and necessary follow-up procedures were the result of Kienbock’s Disease and/or avascular necrosis (AVN).

Their testimony was that AVN caused by such an insult was not and could not be diagnosed until at least 26 months post-injury. Radiological studies in 2000, 2001 and 2002 also showed signal changes in the lunate consistent with AVN. A report from a workers’ comp independent medical exam was also admitted in which the reviewing orthopedic surgeon concluded that plaintiff’s persistent symptoms and follow-up procedures were the result of the initial injury itself.

The jury returned a verdict in favor of the defendant after approximately three-and-a-half hours of deliberation.

[09-T-094]

Type of Action: Medical malpractice
Injuries Alleged: Complications following right wrist TFCC (triangular fibrocartilage complex) repair
Name of Case: Confidential
Court: Prince Edward Circuit Court
Date: Feb. 13, 2009
Tried Before: Jury
Name of Judge: Richard S. Blanton
Demand: $2,000,000 ad damnum
Offer: None
Verdict/Settlement: Defense verdict
Special Damages: $247,069
Defense Attorney: Charles Y. Sipe, Charlottesville

Close this Window Bookmark and Share This Page

Save to Browser Favorites / Bookmarks

Print RSS Feed Ask backflip blinklist BlogBookmark Bloglines BlogMarks Blogsvine BuddyMarks BUMPzee! CiteULike co.mments

Connotea del.icio.us Digg diigo DotNetKicks DropJack dzone Facebook Fark Faves Feed Me Links Friendsite folkd.com

Furl Google Hugg Jeqq Kaboodle kirtsy linkaGoGo LinksMarker Ma.gnolia Mister Wong Mixx MySpace MyWeb

Netvouz Newsvine oneview OnlyWire PlugIM Propeller Reddit Rojo Segnalo Shoutwire Simpy Slashdot Sphere

Sphinn Spurl Squidoo StumbleUpon Technorati ThisNext Twitter Webride Windows Live Yahoo!

Email This to a Friend

Copy HTML: 

 If you like this then please subscribe to the RSS Feed.

More »