Facts

Frank Grantz underwent decompression surgery at John Muir Medical Center. The next day, March 11, 2003, physical therapist James McManus examined Grantz. Grantz complained of no feeling in his legs and pain. McManus said he documented reduced sensation over the right anterior thigh. During the physical therapy, Grantz collapsed onto the floor and McManus helped him up. The parties did not agree as to whether Grantz hit the floor during the fall.

Later, Jason Smith ordered a CT scan of Grantz's back, following Grantz's complaints of pain. The CT scan showed three spinal fractures on areas where the decompression surgery occurred. Grantz alleged medical malpractice against McManus and John Muir Medical Center.

PLAINTIFFS' CONTENTIONS:
Grantz contended that McManus' examination was insufficient; that it was performed negligently; and that McManus fell on him during the session. McManus did not test his quads for strength. In addition, plaintiffs claimed the fall caused Grantz's fractures.

DEFENDANT'S CONTENTIONS:
McManus claimed that the examination was thorough and that he prevented Grantz from falling to the floor. Further, the fractures occurred due to repetitive stress on the spine, which was weak following decompression surgery.

Settlement Discussions

The plaintiff demanded $400,000 and the defendant offered $15,000.

Damages

Grantz requested $115,000 in past medical expenses, $25,000 in future medical expenses, and $203,206 in loss of household services, plus damages due to pain and suffering.

Injuries

Grantz claimed that he suffered a back fracture and lumbar fusion. Grantz's wife, Sandra Grantz, claimed loss of consortium.

Result

The jury found in favor of the defendant.

Other Information

Defendants were insured by Beta Healthcare Group.

Deliberation

50 minutes

Poll

11-1

Length

17 days