Virginia Lawyers Weekly

Plaintiff developed a post-operative infection approximately three weeks after arthroscopic knee surgery. Plaintiff claimed that the defendant violated the standard of care by deciding not to perform a knee wash out after the surgery.

The plaintiff suffered from a long history of degenerative knee arthritis. In March 2003, the plaintiff was involved in a car crash, further exacerbating her knee ailment. After the car accident, the plaintiff did not maintain employment.

The plaintiff, a military dependent, consulted her treating orthopedic surgeon at Portsmouth Naval Hospital who told her that she would potentially need a total knee replacement in the future. The plaintiff received steroid injections for her knee pain, which helped only temporarily. After the Navy surgeon recommended an arthroscopic procedure, but could not work her into his surgery schedule, plaintiff consulted Dr. Jamali who consented to perform immediate arthroscopic knee surgery.

Dr. Jamali performed the surgery in June 2003. The plaintiff testified that she received immediate relief after Dr. Jamali performed the arthroscopic knee surgery. However, approximately three weeks after the surgery, Dr. Jamali came into his office on a Sunday afternoon to address the plaintiff’s swollen knee and complaints of pain.

Dr. Jamali tapped the knee, had the fluid cultured to find a post-operative infection and admitted her to Chesapeake General Hospital. He also called in an infectious disease consult. The plaintiff was placed on a six-week intravenous antibiotic course which ultimately resolved the knee infection.

Dr. Jamali’s medical documentation outlined his consideration to perform a knee wash out, but as he testified, the benefits did not outweigh the risk. In order to wash the knee out, the plaintiff would be required to go back under general anesthesia. The defense asserted that Dr. Jamali closely monitored the plaintiff throughout the treatment of her post-operative knee infection.

Shortly thereafter, the plaintiff discontinued her care under Dr. Jamali and returned to the treating Navy orthopedic surgeon who criticized Dr. Jamali for failing to wash out the knee. This treating orthopedic surgeon testified as one of two of plaintiff’s standard-of-care experts. He was also the treating orthopedic surgeon who eventually performed the plaintiff’s total knee replacement and blamed the necessity for the total knee replacement on the defendant’s care.

As part of the plaintiff’s damages, she sought the expenses associated with both the post-operative knee infection treatment as well as the medical expenses for the total knee replacement. Additionally, the plaintiff sought lost wages until age of retirement. The jury found in favor of the defendants after deliberating for 55 minutes.

[09-T-097]

Type of Action: Medical malpractice
Injuries Alleged: Damage to the knee joint from alleged failure to treat a post-operative infection resulting in a total knee replacement. Plaintiff claimed past and future pain and suffering, disfigurement, lost income and permanent disfigurement and disability.
Name of Case: Shelia Richards v. Alireza Jamali, M.D., Orthopedic and Sports Specialist Inc.
Court: Virginia Beach Circuit Court
Case No.: CL07-321
Tried before: Jury
Name of Judge: H. Thomas Padrick Jr.
Special Damages: Past medicals of $104,000; wage loss of $138,000; future medicals for possible second knee replacement.
Verdict or Settlement: Defense Verdict
Date: April 15, 2009
Experts: Dr. Thomas D. Fleeter, orthopedic surgeon, Reston; Dr. Wilford Gibson, orthopedic surgeon, Virginia Beach
Insurance Carrier: The Medical Mutual Insurance Company of North Carolina
Defense Attorney: Ronald P. Herbert, Richmond

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