Facts

Leslie Wheeler injured her knee after she fell in her apartment in 2002. Wheeler, 33, had a history of problems with her knee that previously required surgeries performed by Dr. John Santaniello M.D.

After her fall, Santaniello diagnosed Wheeler with a ruptured patellar tendon, and placed her leg in a hyper-extended position. He also cast her leg. Santaniello had Wheeler's primary care physician refer her to another surgeon who decided not to perform surgery but removed the cast and, after conducting various tests, agreed with Santaniello that Wheeler had suffered a ruptured patellar tendon and peroneal nerve palsy. This second orthopedist referred the plaintiff to her primary care physician to arrange for surgery. Surgery was delayed for several months.

After attempting surgery on the knee, a third surgeon determined that the tendon had not ruptured and that there was no need to perform the proposed patellar tendon graft. No surgery was performed.

Wheeler filed a medical malpractice action against Santaniello, claiming he negligently delayed necessary surgery on her leg and left her leg in an extension cast for a long period of time.

PLAINTIFF'S CONTENTIONS:
At trial, the plaintiff claimed that the defendant told her he would perform the surgery himself even though the defendant claimed it was never his intent to do so. The plaintiff's expert, orthopedic surgeon Thomas Grogan M.D., initially stated that the defendant improperly cast the plaintiff's leg in a hyper-extended position thereby violating his standard of care. Grogan then changed his testimony to challenge the degree of flexion with which the leg was cast. Another expert testified that the cast is what caused the peroneal nerve palsy and reflex sympathetic dystrophy.

DEFENDANT'S CONTENTIONS:
The defendant claimed he did not plan to perform the knee surgery on the plaintiff because he had never performed an allograft reconstruction. The defendant claimed that is why he had the plaintiff's primary care physician refer her to another surgeon. A defense expert, neurologist Edwin Amos M.D., testified that the cast did not cause the plaintiff's condition, rather the fall, or the prior surgeries may have been responsible for it. In addition, another defense expert, orthopedic surgeon William Brien M.D., testified that the defendant did not violate his standard of care when he cast the plaintiff's leg in the flexed position.

Settlement Discussions

The defendant offered waiver of costs in exchange for dismissal (C.C.P. 998). Per defense counsel, plaintiff's counsel demanded Dr. Santaniello's policy limits of $1 million, including during jury deliberations.

Damages

The plaintiff requested damages in the amount of $2.6 million for pain and suffering and loss of earnings as a sports bar manager.

Injuries

The plaintiff claimed she had symptoms consistent with peroneal nerve palsy and reflex sympathetic dystrophy. She also suffered from muscle atrophy and drop of her left foot.

Result

The jury returned a defense verdict, deciding only on the issue of standard of care.

Other Information

Per defense counsel, while plaintiff alleged Dr. Santaniello placed her leg in a hyperextended position, it was proven to the jury that the leg was casted in the usual flexed position.

Deliberation

1.5 days

Poll

10-2

Length

nine days