Alice Kowalski v. William Beck
Published: Aug. 23, 2001 | Result Date: Jul. 27, 2001 | Filing Date: Jan. 1, 1900 |Case number: 809667 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Tom D. Thomas
(medical)
Christopher Fleming
(medical)
Defendant
Thomas Schmalzried
(medical)
Alexander Fedenko
(medical)
Thomas W. Broderick
(medical)
Facts
On April 7, 1998, the plaintiff, age 78, suffered a femoral neck fracture. She was transported to the ER at South
Coast Community Hospital in Laguna Beach where she was seen by defendant orthopedist, Dr. William Beck.
Dr. Beck performed an internal fixation utilizing various length crews. Intra-operative fluoroscopy photographs
showed one of the screws had penetrated the femoral head and was in the joint space. Dr. Beck testified that
fluoroscopes were misleading, and that CRT monitor confirmed proper placement of screws. The plaintiff
remained hospitalized for 11 days due to a failure to progress in physical therapy due to groin pain despite
heavy medication. Dr. Beck felt the pin was not responsible for the plaintiffÆs continuing groin
symptomatology, but that the original fracture was the cause of the pain. The plaintiff was instructed to
increase physical therapy.
The plaintiff returned on June 24, 1998, and was still confined to a wheelchair. Her groin
pain complaints persisted. The defendant re-X-rayed the hip and first noted the pin to protruded
from the femoral head. He advised the plaintiff he would continue to observe the pin "but that it
might have to come out in six months." The plaintiff became dissatisfied with Dr. BeckÆs care and
was seen by orthopedist Tom Thomas. Dr. Thomas X-rayed the plaintiff and felt one and
possibly two pins were in the joint space causing damage to the articular cartilage and groin pain
to the plaintiff. Dr. Thomas removed all four pins of Dr. Beck and replaced them with five pins
noting Dr. BeckÆs pins were too long. On April 22 1999, due to damage in the joint space, Dr.
Thomas performed a total hip replacement upon the plaintiff.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $49,500. The defendant made no offer no consent to settle. According to the jury forman, because Dr. Beck did not confess his negligence during trial, 10 jurors did not hold the defendant responsible.
Injuries
The plaintiff suffered constant extreme pain necessitating two additional surgeries culminating in a total hip replacement. The plaintiff asked the jury for $200,000.
Other Information
<E>Two defense experts testified that at least one of the initial pins was in the joint space intraoperatively and continued to be evidenced on all subsequent films.</E>
Deliberation
six hours
Poll
10-2
Length
eight days
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