Facts

In June 2005, plaintiff Richard Hancock sought treatment from defendant Dr. Armen Khachatryan for neck pain and paresthesias, down his arms and into his hands, which he experienced after diving into a pool. Hancock had previously undergone an anterior cervical fusion and ulnar transposition surgery in his right arm. Khachatryan saw Hancock until September for the symptoms presented. Tests of Hancock's neck revealed a pseudarthrosis of the previous anterior fusion and Khachatryan recommended a posterior cervical fusion, which was preformed on Oct. 5. Hancock was discharged from the hospital on Oct. 7, and a CT scan the next day showed that his left C7 pedicle screw was encroaching the neural foramen. On Oct. 11, Hancock went to Khachatryan complaining of right hand muscle weakness and went to the emergency room later that day, complaining of severe right-side chest pain radiating into his right arm. He was diagnosed with neuritis and discharged.

On Oct. 18, Hancock visited Khachatryan, complaining again of right-hand muscle weakness, as well as paresthesias of his right arm and hand. Hancock's cervical spine again showed the pedicle screw was malpositioned, but Khachatryan did not think the screw appeared to be causing the problems. Khachatryan prescribed Hancock Neurontin and Wellbutrin and recommended a reevaluation in two to three weeks.

On Oct. 31, Hancock called Khachatryan's office complaining of left arm and hand numbness, and a CT scan performed the next day showed malpositioning of the left C7 pedicle screw. Khachatryan subsequently recommended, and performed, surgery to remove the pedicle screws at the C7 level on Nov. 7. After the surgery, Hancock's left arm complaints ceased, but he continued to experience numbness in his right arm and hand, developing clawing and muscle atrophy. Studies indicated severe right C8 axonal motor root impingement as well as a resurgence of Hancock's ulnar neuropathy, and carpal tunnel syndrome. Hancock was referred to Fernando Ravessoud, an orthopedic surgeon, who then performed surgery on July 13 to remove the hardware placed by Khachatryan.

PLAINTIFF'S CONTENTIONS:
Hancock filed suit against Khachatryan for failure to recognize the C7 pedicle screw was encroaching on the neural foramen and pinching the C8 nerve, arguing that the CT scan taken the day after the surgery confirmed such encroachment, followed by Hancock's immediate pain and numbness symptoms. Hancock contended that Khachatryan had a duty to perform additional surgery to remove the C7 pedicle screw before he was discharged from the hospital on Oct. 7.

DEFENDANT'S CONTENTIONS:
Khachatryan contended there was no reason to believe the C7 pedicle screw was causing the right hand problems before Hancock was discharged from the hospital. He further alleged that Hancock started complaining of right hand problems on Oct. 11, and these complaints were nonspecific and not indicative of any C8 nerve root impingement. Khachatryan contended he met the standard of care based on the symptoms Hancock complained of as well as the tests and records presented. He further claimed that Hancock's continuing right hand injuries were due to a spinal cord injury suffered after he dove into the pool, despite surgical efforts.

Damages

Hancock sought damages of $630,000 for pain and suffering, as well as special damages for medical treatment totaling $51,966.

Injuries

Hancock sustained damage of the C8 nerve root, resulting in right hand clawing rendering him unable to perform simple tasks with his right hand. He underwent numerous surgeries as well as tests and studies including MRIs, CT scans, and nerve conduction studies.

Result

The jury rendered a verdict for the defense.

Deliberation

one hour

Poll

11-1

Length

seven days