Facts

On Jan. 8, 2011, plaintiff Minoo Sohaey presented to defendant Dr. Scott Carstens, a rheumatologist, and received a Synvisc injection to her left knee. Sohaey had a length history of osteoarthritis in both knees, and claimed that the injection caused her to develop a left knee infection that required her to undergo two wash-out procedures and antibiotics.

Sohaey sued Carstens, alleging that he was negligent in his treatment of her, causing the knee infection and constituting medical malpractice.

PLAINTIFF'S CONTENTIONS:
Sohaey claimed that Carstens failed to use a sterile technique when performing the injection, contaminating the needle or failing to properly remove bacteria from the skin. She also claimed that the infection is almost impossible to occur in a knee if a sterile technique is used.

DEFENDANT'S CONTENTIONS:
Carstens claimed that infections are a well-recognized risk of any interventional medical procedure. He also claimed that while he took steps to minimize the risk of an infection, one can never completely eliminate the risk. Carstens further claimed that he documented his use of sterile preparation and appropriately ordered necessary follow-up tests after the procedure.

Damages

Sohaey sought $35,593 in past medical costs, $1,131 in co-payments, $1,000 in missed vacation expenses, and $7,726 in gardener expenses. She asked for a total of $285,000 in damages, factoring in pain and suffering.

Result

The jury returned a unanimous defense verdict.

Deliberation

15 minutes

Poll

12-0

Length

four days