Facts

The plaintiff alleged that she was referred to The Hand and Upper Extremity Center Inc. for fitting of a clam-shell one week post-operative of a displaced Colles fracture reduction. When she presented to The Hand and Upper Extremity Center Inc., she alleged she was left out of her cast for three to four hours and unattended before a splint was applied. She alleged that during this time frame, her wrist was in "forced flexion" and became significantly swollen resulting in a lifetime of RSD/CRPS. The plaintiff contended that her care was handed off from one occupational therapist to another after the first occupational therapist had to go home.

DEFENDANTS' CONTENTIONS:
Defendants Laurie Roundtree, O.T.R. and The Hand and Upper Extremity Center Inc. alleged that the plaintiff was not left unattended at any time. She was attended to on a walk-in basis. There was continuity of care at all times and plaintiff was properly fitted for a clam-shell splint, which was removable. It was also completely normal for a patient to have pain and swelling one week post-operative from a reduced Colles fracture. If plaintiff contracted RSD/CRPS at any time, it was from her original fracture, not from the time frame she was out of her cast prior to the fitting of the splint. In addition, the plaintiff had a well-documented history of other pain syndrome.

Settlement Discussions

The plaintiff's last offer to compromise was for $650,000. The defendants made an offer for a waiver of costs.

Damages

The plaintiff sought $250,000 in non-economic damages and $2.7 million for lifetime care.

Injuries

$5,000

Result

Defense verdict.

Other Information

Insurer: Interstate Insurance Group.

Deliberation

45 minutes

Poll

12-0 (negligence)

Length

11 days