Confidential

Facts

Plaintiffs brought suit against defendant health plan for medical negligence for care provided by a doctor in November 2003 to the plaintiff-patient. Plaintiff-patient is a 37 year-old wife and mother of two minor children.

In June 2002, plaintiff was diagnosed with advanced breast cancer. She underwent a radical mastectomy, chemotherapy, and radiation.

In October 2003, an examination revealed a mass at the base of plaintiff-patient's neck. A biopsy was recommended. Plaintiff-patient sought and received an opinion from the defendant doctor. On November 7, 2003, this doctor performed incisional surgical biopsy. During that surgical biopsy, the doctor removed two anatomic samples from an unidentified structure.

Immediately following the surgery, plaintiff-patient complained of an inability to move her right arm. Upon her return to the doctor several days later, plaintiff was still unable to move her right arm. The pathology report revealed that the tissue that was removed in the surgery was nerve tissue from plaintiff's brachial plexus, the nerve controlling use of the upper extremities.

Plaintiff-patient claimed damages for loss of the use of her dominant arm. Plaintiff-husband claimed damages for loss of consortium.

PLAINTIFF'S CONTENTIONS:
Plaintiffs' contend that negligence occurred in failing to identify the appropriate structures during the surgery and by removing portions of plaintiff-patient's brachial plexus.

DEFENDANT'S CONTENTIONS:
Defendants argued that the surgical field was altered by the chemotherapy and radiation causing the doctor to be unable to identify structures. Defendants further argued that the nerve tissue removed was a neuroma or tumor in the nerve tissue. Defendants argued that plaintiff's inability to move her right arm was not an injury, but merely an inconvenience.

Damages

It was uncontested that the plaintiff-patient has permanently lost the use of her dominant arm. Plaintiffs presented evidence of the effects of such an injury on plaintiff-patient in her daily life. Plaintiff-husband presented evidence regarding the effect of his wife's injury on their marriage and relationship. Defendants presented evidence of plaintiff-patient's terminal cancer, her shortened life span, and her prognosis for deteriorating physical condition.

Result

Plaintiff-patient was awarded general damages of $75,000. Plaintiff-husband was awarded general damages of $2,000.