Russell Duncan, Shari Duncan v. Yemelyan Spivak
Published: Mar. 21, 2004 | Result Date: Dec. 1, 2003 |Case number: 620761 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Facts
Union carpenter, Russell Duncan, 39, underwent laparoscopic repair of a hernia he had sustained in an accident while he was working. Duncan claims that during the surgery, surgeon Yemelyan Spivak, placed one of the surgical staples too far to the side of the repaired area, and as a result, his lateral femoral cutaneous nerve was punctured. Duncan claimed he felt a sensation of burning and numbness in his leg immediately after surgery. He informed Spivak of the sensation, but despite his complaints, Spivak reassured him that the discomfort was normal as a result of surgery and would go away. Duncan returned to work, but he continued to experience constant pain in his right leg. Duncan consulted other doctors, one of whom (Dr. Felix) performed laparoscopic, exploratory groin surgery in an effort to discover what was causing the pain. The surgeon discovered that considerable scar tissue was forming. He also cut a nerve in the area in an effort to relieve some of Duncan's discomfort. Duncan's pain did not subside as a result of the surgery. Over a year later, Duncan then stated that physician-expert, Kevin Hiler, noted that the cause of the problem might be a staple that had been placed during the initial surgery. Hiler operated on Duncan and found and removed a surgical staple penetrating the lateral femoral cutaneous nerve. Duncan and his wife Shari, 34, sued Spivak alleging medical malpractice. Duncan claimed his symptoms were clear signs that a staple had penetrated the nerve.
Specials in Evidence
$80,288 $279,374 $548,502
Damages
Duncan claimed he was unable to return to work as a construction worker and had since become a certified medical assistant. His earnings were less than 50% of what he had earned as a union carpenter. Duncan also claimed general damages. Shari Duncan filed a complaint for loss of consortium.
Injuries
Duncan suffered extreme discomfort in the groin and thigh region. Scar tissue from the exploratory groin surgeries caused permanent and constant right testicular pain. A consequent gait modification caused misalignment of the right knee, resulting in five knee surgeries to date.
Result
Defense Verdict
Deliberation
two hours
Poll
12-0
Length
12 days
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