Facts

On Feb. 13, 2007, plaintiff Debbie Kane, 36, presented to defendant Raymond Schaerf, M.D., with a recent history of worsening of left arm pain, swelling and partial numbness. According to Schaerf, Kane had a very adequate work up which included MRIs and a CT scan of the chest. The CT scan showed a 3 to 3.5 cm mass at the left lung apex at the T2 neural foramina. This was the cause of her symptoms. The mass was in the area of the brachial plexus and the thoracic outlet and Schaerf did not recommend a CAT scan guided needle biopsy.

Kane and her mother feared a recurrent lymphoma. Although the diagnosis was low on Schaerf's list, he ordered a PET scan to see if any activity was present. Schaerf believed that once the scan was completed, that the best approach was surgery either via thoracoscopy or thoracotomy. Schaerf felt the mass was most likely benign. The pre-operative scans were interpreted as identifying the mass as most likely a neurofibroma tumor.

On March 21, 2007, Schaerf performed flexible broncoscopy, left thoracoscopy and resection of extrapleural nerve tumor. Upon waking from surgery, Kane realized she was unable to move her left arm. Occupational therapy was instituted while she was still hospitalized.

Kane filed suit against Schaerf for medical negligence.

PLAINTIFF'S CONTENTIONS:
Kane contended that Schaerf negligently performed the surgery and mistakenly resected the posterior and medial cords of the brachial plexus. The procedure should have been performed openly so that Schaerf would have had a better field of vision and no probability of causing the brachial plexus injury.

DEFENDANT'S CONTENTIONS:
Schaerf contended that he did not cut, burn, tear or knick any part of the brachial plexus during surgery. He contended that it was possible that the nerves tore apart gradually on their own, resulting in Kane's post-surgical condition.

Settlement Discussions

Initially, Kane demanded $750,000. In September 2009, Kane filed a C.C.P. section 998 offer for $1 million (policy limits). Schaerf's final offer was for $300,000.

Specials in Evidence

$59,357 $655,361 $45,000

Injuries

Kane claimed to suffer left arm weakness, no movement of her left hand or wrist, and an inability to grasp or use her left fingers or hand. She claimed to experience pain with flexion and extension at the elbow, difficulty with range of motion with the left arm at the shoulder and atrophy especially in the shoulder region. Kane claimed to suffer constant pain and take Norco 10-325 mg nightly and occasionally in the day when the pain was overwhelming.

Result

The jury found in favor of Kane; after off-set, Kane received a net award of $1,508,184. Kane was also entitled to costs, as a result of her C.C.P. section 998 offer, which are as-yet undetermined but expected to be approximately $122,000. Post-trial motion is pending.

Other Information

FILING DATE: May 16, 2008.

Deliberation

4.5 hours

Poll

9-3

Length

10 days