Surgeon damaged patient’s radial nerve during tumor removal – $850,000 Settlement

The plaintiff injured her forearm at work. Three years later, she aggravated the injury in a car accident. She sought treatment from the defendant surgeon for ongoing pain and a lump that had formed in her left forearm. An MRI revealed an intramuscular lipoma.

On April 11, 2012, the defendant performed surgery under general anesthesia to excise the intramuscular lipoma. The lipoma was removed and biopsied. It was benign. However, during the operation, the defendant failed to appreciate a branch of the radial nerve – the posterior interosseus nerve – and completely transected it in a longitudinal fashion creating oblique laceration of the nerve.

Following the surgery, the plaintiff suffered from radial nerve palsy, effecting the extensor muscles and tendons, and resulting in painful inability to use her left hand and wrist. She was evaluated by a hand and wrist specialist, who diagnosed profound dysfunction in the distribution of the posterior interosseus branch of the radial nerve. She underwent microsurgical repair of the radial nerve, without much improvement. She continued to suffer from myofascial pain, scarring, numbness and paresthesia in her hand and wrist, and the inability to use her hand for activities of daily living and work; she required a custom-made radial nerve palsy splint.

An expert hand surgeon was prepared to testify that it was negligent to transect the radial nerve during excision of an intramuscular lipoma. Furthermore, even with microsurgical repair, the plaintiff would continue to suffer from a significant permanent disability as a result of the injury to the nerve. She incurred medical damages totaling $44,459.66, plus future medical damages of at least $388,723.71 for physical therapy, treatment and medication, and medical supplies.

The plaintiff filed her medical malpractice claim in Suffolk City Circuit Court. Shortly after the defendant’s deposition was taken, the parties scheduled a mediation. The case was settled for $850,000.

[15-T-126]

Type of action: Medical malpractice
Injuries alleged: Radial nerve palsy
Verdict or settlement: Settlement
Amount: $850,000
Attorneys for plaintiff: Matthew Broughton and Juliana Perry, Roanoke; Charlene Morring, Norfolk