Facts

Plaintiff Susan Tilley injured her shoulder at work in May 2006 and began treatment with defendant Dr. George Tischenko. After the injury persisted over seven months, Tischenko ordered an MRI in February 2007, which was interpreted as showing a probable rotator cuff tear. Tischenko then performed arthroscopic surgery, during which he found no tear. Tischenko cleaned out inflammation as well as scar tissue and Tilley continued her former treatment. Five months following the surgery, without any improvement, Tilley sought alternate treatment. Another MRI revealed a severe rotator cuff tear in the same area where the suspected prior tear was identified and Tilley's new orthopedist performed surgery.

Tilley filed suit against Tischenko, and his group, alleging medical malpractice.

PLAINTIFF'S CONTENTIONS:
Tilley contended that Tischenko negligently failed to find and repair the torn rotator cuff after the first MRI revealed the tear in the same location as the subsequent, more severe tear. An expert for Tilley claimed that Tischenko should have seen the tear during surgery and that the postsurgical exercises, as well as delay, worsened Tilley's condition. Tilley denied injuring her shoulder after the first surgery.

DEFENDANTS' CONTENTIONS:
Tischenko alleged there was no tear because, if there had been, he would have seen it. He further contended that the tear occurred after the first surgery, either when Tilley hurt her shoulder in a cable car accident, lifting heavy luggage, or lifting someone off a bicycle. An expert for the defense stated he saw no tear when looking at the film and that Tischenko had acted appropriately to identify the tear.

Damages

Tilley sought damages for past pain and suffering as well as past and future lost wages.

Injuries

Tilley underwent surgery to repair a severe rotator cuff tear and claimed continuing pain, weakness, stiffness, and inability to work as a nurse.

Result

The jury rendered a verdict for the defense.

Deliberation

1.5 days

Poll

9-3

Length

three weeks