Facts

On Dec. 27, 2008, Darrell O'Brien presented to Kaiser Permanente to treat a puncture wound under his right food. He was a long-term diabetic who also suffered from other health conditions, including peripheral neuropathy. The wound was cleaned and dressed, but he subsequently developed an ulcer due to his health condition. He returned to Kaiser on Jan. 16, 2009, and was prescribed a walking book to immobilize his foot for off-loading treatment. During the months of his treatment, he went through multiple boots and developed a second ulcer by his small toe. The ulcer became infected and he subsequently underwent cleaning and debridement. A part of the bone was removed. O'Brien sued Kaiser.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the boot initially prescribed to him was inappropriate for the treatment and he developed the second ulcer as a result of this. He also contended that the treatment he received was inadequate causing infection, requiring surgery.

DEFENDANT'S CONTENTIONS:
Defendant contended that it did not prescribe the boot in question as it had not used the model for at least seven years. Defendant also contended that the boot in question did not cause the ulcer since the wound developed two months after he was fitted.

Damages

O'Brien sought damages for past medical costs and pain and suffering. His wife, who also sued, sought recovery for loss of consortium.

Injuries

O'Brien suffered from a second foot ulcer leading to surgery and removal of a part of the infected bone. He continued to deal with pain despite recovering from the injury.

Result

The arbitrator found that the boot caused the ulcer would and was due to a Kaiser's negligence. O'Brien was awarded $100,000 in general damages. The arbitrator denied his wife's claim for loss of consortium.