New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447

 

Case Title:                         Anonymous v. Anonymous                               

 

County:          Grafton

 

Date of Injury:      06/27/04            

 

Liability Facts:

 

This is a medical negligence claim arising out of the defendant’s negligent medical management of the then 15-year old plaintiff.  

 

On June 27, 2004, the plaintiff presented to a regional hospital for orthopedic medical treatment of a traumatic fracture to his left wrist following an accident during a motocross race. The defendant, an orthopedic surgeon, failed to appropriately recognize the severity of the plaintiff’s fracture, failed to appropriately monitor and manage the plaintiff’s traumatic fracture over a seven day period of multiple presentations where the plaintiff complained of increasing pain and decreasing movement, failed to medically manage the plaintiff’s condition by attempting to mask it with increasing levels of narcotic pain medication, and the defendant ultimately failed to diagnose and treat the compartment syndrome that had developed in the plaintiff’s left arm.  By day seven, the plaintiff had lost all movement and sensation in his lower left arm, which resulted in multiple unsuccessful fasciotomies by a vascular surgeon to attempt relieve the pressure on the plaintiff’s arm and which resulted in multiple unsuccessful attempts to re-vascularize the plaintiff’s arm.  Unfortunately, the plaintiff’s left limb could not be salvaged, resulting in an above-the-elbow amputation and a subsequent stump revision.    

 

Plaintiff: 1)  Sex  M         Age   15_  

 

Plaintiff's Theory of Liability:

 

The defendant negligently failed to manage his traumatic fracture and failed to diagnose his compartment syndrome for seven days, resulting in significant pain and suffering, an above-the-elbow arm amputation, a subsequent stump revision, the use of prosthetic limbs, severe emotional distress and embarrassment, substantial medical, hospital, therapy, prosthetic and other extraordinary expenses for the remainder of his life, as well as resulting in the loss of an opportunity for a better outcome.

 

The plaintiff brought suit against the defendant orthopedic surgeon and the plaintiff’s parents brought suit for the extraordinary and unnecessary medical expenses they incurred on their son’s behalf.

 

Defendant’s Theory of Defense:

 

The defendant denied negligence.

 

Injuries (Diagnosis/Prognosis/Permanency):

 

The plaintiff suffered an above-the-elbow arm amputation and a subsequent stump revision after enduring seven days of extraordinary pain and suffering.  The plaintiff lost the opportunity for a better outcome through keeping his arm, and he will be required to use prosthetic devices for the remainder of his life.  In addition, the plaintiff was caused to suffer extraordinary emotional suffering and embarrassment as a 15-year old boy who lost his arm, a loss of the enjoyment of his life by losing his starting position on his baseball team and losing his opportunity for an expected baseball scholarship to college. 

 

Specials:  

 

a) Medical expenses $       121,524.91

b) Prosthetic Expenses $         30,686.50

c) Future Prosthetic Expenses $       153,432.50                                  

 

Total Medical Specials $       305,643.91

 

Verdict/Settlement:   

  

The parties reached an agreement to settle for a confidential amount.

 

Counsel:

 

For the Plaintiff: Mark A. Abramson, Esquire and Holly B. Haines, Esquire