Facts

On July 10, 2007, defendant Michael R. Drucker, M.D., performed a left inguinal hernia surgical repair on plaintiff James Jones, 49, using the "plug and patch" method. During the procedure, Dr. Drucker identified an obvious large direct defect. After dissection, the defect was inverted and an extra large patch was placed in the defect. Dr. Drucker sutured the plug to the surrounding fascia with multiple interrupted 2-0 Vicryl sutures. An on-lay patch was then trimmed and placed on the floor of the inguinal canal and sutured behind the cord structures with one tacking suture. No complications were noted during the procedure.

Plaintiff called complaining of severe testicular, groin and upper thigh pain approximately six times before his post-operative visit to Dr. Drucker.

On July 19, plaintiff presented to Dr. Drucker for his post-operative visit. Plaintiff complained of severe pain, which Dr. Drucker evaluated to be normal post-operative complaints of pain. Plaintiff was advised to return to Dr. Drucker as needed.

On Aug. 2, plaintiff presented to another general surgeon for a second opinion regarding his recent left inguinal hernia repair. Based upon his evaluation of the plaintiff, he recommended "watchful waiting."

On Sept. 6, plaintiff presented for follow-up with Dr. Drucker. He complained of severe pain to the left groin on the inner thigh and to the base of the penis. Dr. Drucker recommended plaintiff follow-up with pain management.

On Dec. 19, plaintiff presented to pain management with complaint of left groin and testicular pain. There was a concern of nerve entrapment, and it was recommended plaintiff be evaluated by a third surgeon. This surgeon recommended continued pain management.

Ultimately, this third surgeon performed an exploratory surgery on June 11, 2008. During the procedure, the ilioinguinal nerve was found to be intimately adherent to the flat part of the patch, which had rolled over the spermatic cord. The genital branch of the genitofemoral nerve was found to be intimately adherent and actually smeared over the plug. A triple neurectomy was performed wherein the ilioinguinal, iliohypogastric, and the genital branch of the genitofemoral nerve were resected and implanted into surrounding muscle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Dr. Drucker was negligent in his failure to recognize the nerve injury and failure to timely re-operate to explore the source of the severe pain. He further argued that if Dr. Drucker had performed surgery on either of his post-operative visits of July 19, or Sept. 6, the nerves, to a reasonable medical probability, would have been spared. Plaintiff conceded that Dr. Drucker's surgical technique was within the standard of care. Prior to trial, the parties agreed to bifurcate the trial into two parts – liability and damages.

DEFENDANT'S CONTENTIONS:
Dr. Drucker contended that his care and treatment of plaintiff was at all times within the standard of care and no act or omission to act on his behalf caused or contributed to plaintiff's injuries. Defendant claimed conservative management and watchful waiting was the appropriate treatment. Defendant emphasized the plaintiff's failure to follow-up with pain management, the specialist who would have diagnosed the problem.

Settlement Discussions

Plaintiff demanded $1.7 million. Defense made no consent.

Damages

Plaintiff sought damages for future medical costs, lost earnings and pain and suffering.

Injuries

Plaintiff claimed injuries to his nerves in the left groin with radiating pain down through the left thigh to the arch of the left foot. He claimed sexual dysfunction, neuropsychological damage, and an inability to return to work as a result of the severe permanent pain.

Result

Defense.

Deliberation

2.5 hours

Poll

11-1

Length

eight days