Facts

In April 2008, Jeanne Duncan's primary care physician referred her to Dr. Mark Takata at Scripps Green Hospital after conservative treatment for her diverticulitis failed. She presented to Takata after complaining of recurrent abdominal pain and diverticulitis for the past four years. Takata requested Duncan to obtain a CT scan previously ordered by her primary care physician to confirm her diagnosis, but Duncan did not return to Takata's office until April 30, 2009. Thereafter, Takata confirmed the 2008 CT scan, which showed diverticulitis and ordered a barium enema prior to surgery.

Takata claimed that he discussed and explained to Duncan any risks associated with the surgery and that Duncan elected to proceed with the surgery. Duncan was placed in the lithotomy position and underwent a laparoscopic sigmoid colectomy performed by Takata in June 2009. The surgery was completed without complication, but Duncan later complained of pain and numbness in her left thigh on the second postoperative day. She was given pain medication and discharged on June 12, 2009. On June 25, she returned to Tanaka and later presented to a neurologist who suspected potential neuropraxia. She was prescribed pain medication. On Nov. 3, Duncan was diagnosed with meralgia paresthetica. She sued Takata and Scripps for medical malpractice alleging that Takata made a surgical error causing nerve injury.

DEFENDANTS' CONTENTIONS:
Defendants claimed Takata's surgery, including the location of his incision along Duncan's prior cesarean section scar, was within the standard of care. Further, Defendants claimed Duncan's nerve injury was not caused by any surgical error, including ligation or transection of nerves.

Damages

Duncan sought recovery of $250,000 in damages for past and future pain and suffering.

Injuries

Duncan suffered from persistent pain and numbness following the surgery performed by Takata. She underwent a fomoral nerve block, which she claimed failed. She also underwent radiofrequency ablation to the lateral femoral cutaneous nerve, which provided some relief. She continued to experience residual symptoms of pain in her left thigh and continued to treat with specialists. She can no longer run as a result of her condition, which also limited her ability to garden and play with her grandchildren.

Result

The jury rendered a defense verdict.

Deliberation

two hours.

Poll

11-1

Length

six days