Facts

Veronica Bland sued Kaiser Foundation Health Plan, Southern California Permanente Medical Group, and Kaiser Foundation Hospitals Inc., involving allegations of medical malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff underwent a shoulder tendonosis procedure performed by Dr. Najeeb Khan at Kaiser in San Diego. During the procedure, plaintiff allegedly suffered from significant bleeding, which was unusual. As a result, the doctor decided to forego the actual procedure and just closed the surgical site. Thereafter, plaintiff suffered from decreased sharp sensation in her hand and the loss of function in her wrist or finger. In sum, plaintiff's arm was rendered useless.

Plaintiff contended that she suffered a severe brachial plexus injury as a result of traction while Dr. Khan was dealing with the bleeding. A traction injury occurs when a structure is pulled beyond its normal limits. Claimant noted that Kaiser's orthopedic surgery expert agreed that she likely suffered a traction injury. He further agreed with claimant's experts that this type of injury from this type of procedure is unheard of essentially.

DEFENDANTS' CONTENTIONS:
Kaiser contended that plaintiff's injuries were caused by her aberrant anatomy. Therefore, it maintained that the doctor complied with the standard and care at all times. Kaiser disputed plaintiff's alleged inability to work.

Settlement Discussions

Bland made a CCP 998 demanded of $1.65 million. Kaiser did not make an offer in settlement.

Damages

Bland claimed she could no longer perform much of her work due to her condition. She also claimed she would require several surgeries in the future aside from the extensive physical and occupational therapy and pain management she was currently undergoing.

Injuries

Plaintiff suffered a traction injury to her brachial plexus including radial, median and ulnar nerves as a result of the surgery. Symptoms of a brachial plexus injury of this type including radial, median and ulnar nerves, as well as pain, loss of sensation, muscle weakness and paralysis of some or all of the muscles in the arm, wrist and hand. As a result of the injury, she also developed Chronic Regional Pain Syndrome. Plaintiff claimed she may also require several surgeries

Result

The matter proceeded to arbitration, which ultimately rendered a ruling in favor of Bland, awarding her $1,489,568 in total damages consisting of $13,759 in past medical expenses, $576,500 in future medical expenses, $699,309 in past and future wage loss, and $200,000 in noneconomic damages.