Jeffrey Conte v. Girard Orthopaedic Surgeons & Medical Group Inc., Michael Kimball
Published: May 4, 2002 | Result Date: Mar. 14, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIN007273 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Clark R. Hudson
(Neil Dymott Hudson, APLC)
Experts
Plaintiff
Robert Horner
(medical)
Gregory Loren M.D.
(medical)
Darwood B. Hance
(medical)
Defendant
Sevil Brahme
(medical)
James Esch
(medical)
Laura Fuchs Dolan
(medical)
Facts
The plaintiff suffered a shoulder injury in a dirt bike accident on Aug. 11, 1999. Three weeks after the injury, the
plaintiff was referred to the defendant Dr. Michael Kimball for an evaluation of a potential surgical repair of a
glenoid fracture. Dr. Kimball examined the plaintiff and evaluated the radiological studies of the plaintiffÆs
injury. Given the time lapse from the original injury, Dr. Kimball questioned whether the internal fixation was
still feasible. He also questioned whether the injury needed fixation given the size of the fracture. Dr. Kimball
suggested an initial arthroscopic examination of the shoulder to determine the size and stability of the intra-
articular aspect of the glenoid fracture. If the fracture needed to be fixed, Dr. Kimball would first attempt to
place a screw arthroscopically. The arthroscopic fixation would reduce the risk of complications such as nerve
damage in trying to reach the injured area with an open incision. However, if the fracture needed to be fixed
and it could not be done arthroscopically, Dr. Kimball would perform the more extensive open reduction and
internal fixation procedure.
The plaintiff agreed to Dr. KimballÆs proposed surgical plan and signed two different consent forms reflecting
that fact. On Sept. 7, 1999, the defendant Dr. Kimball performed surgery. Evaluating the injury
arthroscopically, Dr. Kimball determined the fracture was displaced only 1.5 millimeters. Dr. Kimball also
noted the fracture was stable. In light of these two factors, Dr. Kimball determined the fracture did not require
internal fixation. In addition, after probing the fragment, Dr. Kimball decided that any attempt to place a screw
would present a significant risk of shattering the fragment and severely damaging the plaintiffÆs shoulder.
After the surgery, the plaintiffÆs recovery and rehabilitation progressed well. Two weeks
after the surgery, the plaintiff obtained a second opinion from another doctor, Jeffrey Smith,
M.D., who echoed Dr. KimballÆs decision to not internally fixate the fracture. The fracture did not
go on to a bony union.
Settlement Discussions
The plaintiff submitted a demand of $150,000. The defendant offered a waiver of costs.
Specials in Evidence
None requested $12,000 $30,000 to $65,000
Injuries
Non-union glenoid fracture, loss of range of motion and strength.
Deliberation
five hours
Poll
11-1
Length
seven days
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