Facts

In March 2003, Tresa Speer underwent a right knee replacement. Defendant Scott Goldman was the surgeon. Although defendant noticed pulsatile bleeding at the end of the surgery, he closed the incision area without finding the source of the bleeding. The bleeding continued, and Speer required three more surgeries to salvage her leg.

In April, Speer died due to complications from the first surgery. Her daughters, plaintiffs Mary Crabtree and Anne Smith, brought a medical malpractice suit against defendant.

PLAINTIFFS' CONTENTIONS:
Defendant did not exercise reasonable care during the surgery. He made an incision beyond the knee capsule, striking her popliteal artery. As a result, Speer suffered massive bleeding.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiffs' allegations. The surgical tools he utizlied could not have cut Speer's artery in the manner claimed. Further, Speer's leg contained several calcifications. Thus, when the tourniquet was applied prior to the surgery, the vein compressed and the calcifications pierced the artery.

Moreover, plaintiff would have survived had she not declined a leg amputation.

Damages

Plaintiffs sought $250,000 for loss of their mother's care, comfort and society.

Result

The parties reached a $125,000 settlement.