Donna Salazar v. Bradley Baum, County of Riverside
Published: Aug. 17, 2004 | Result Date: Dec. 5, 2003 | Filing Date: Jan. 1, 1900 |Case number: RIC375535 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Christopher B. Mears
(Christopher B. Mears APC)
Defendant
Douglas C. Smith
(Smith Law Offices LLP)
Experts
Plaintiff
Christopher A. Wills M.D.
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Facts
Donna Salazar, 40, was a community service officer with the Riverside County Sheriff's Department. Salazar had a maltracking left knee cap. In November 2000, orthopedic surgeon Bradley Baum suggested taping her knee, which did not work. In April 2001, Salazar saw Baum again and he recommended a lateral release/medial thermal capsular shrinkage surgery to enable the knee cap to track properly. On June 4, Baum performed the surgery and Salazar's knee was placed in an immobilizer for 6 to 8 weeks. Although her first post-operative appointment was scheduled for June 13, Baum was on vacation and Salazar did not see him until June 27. When Baum saw her, he determined that she should use the immobilizer for another four weeks. Salazar asserted that by late June/early July, she had excruciating knee pain. She called Baum several times. When she saw him on July 18, the swelling in her knee was painful. Since her knee joint had become rigid, she also had a peg leg. Baun took off the immobilizer and ordered aggressive physical therapy, which did not work. Salazar's knee stayed rigid. When she saw Baum again on Aug. 15, he diagnosed adhesive capsulitis. Baum ordered more aggressive physical therapy, to no avail. He then scheduled surgery to manipulate the knee joint and break up the scar tissue that was causing the immobility and stiffness. Salazar's symptoms worsened after the surgery. In early September, she was seen in the emergency room at Riverside County Regional Medical Center. Over the next few weeks, her knee became red, swollen and shiny. She was diagnosed with complex regional pain syndrome in her knee.
Settlement Discussions
Salazar demanded $225,000. The defendants made no offer.
Damages
Salazar claimed approximately $56,000 in wage loss.
Injuries
Salazar claimed that the complex regional pain syndrome in her knee was a permanent and chronic pain that left her with a weak and atrophied leg. She saw a pain management specialist and wears a daily pain medication patch. Salazar asserted that she would need life-long daily pain medication.
Other Information
Prior to trial, Salazar dismissed the county. This left Baum as the only defendant at trial.
Deliberation
three hours
Poll
10-2 (no negligence)
Length
six days
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