Facts

On April 20, 2004, plaintiff Ron Esau, a 48-year-old contractor, underwent surgery on his right thumb because of a degenerative ligament/cartilage condition that was causing him pain and lack of motion at the joint. The surgery was performed by Kendrick Lee at a surgery center in Oakland. Defendant Richard Glaser provided general anesthesia for the surgery and then performed an interscalene nerve block for postoperative pain relief. Esau said he felt immediate pain and weakness in his arm, shoulder and neck after the nerve block.

PLAINTIFF'S CONTENTIONS:
Esau sued Glaser for medical malpractice. He claimed that the block was not indicated and it was given without his consent.

DEFENDANT'S CONTENTIONS:
The defense argued that the block was indicated, done with consent and that it was properly performed without injury.

Damages

Esau sought $407,000 in past lost income and an unspecified amount in damages for past pain and suffering.

Injuries

Esau suffered from complex regional pain syndrome. He claimed he was unable to work during 2004 and 2005.

Result

The jury returned a verdict for defense, finding that Glaser was not negligent.

Other Information

Insurer for defendant Richard Glaser: The Doctors' Company.

Deliberation

45 minutes

Poll

12-0

Length

eight days