Facts

Marnie Rogers filed a negligence claim against Dr. Lee Tocchi in relation to his performance of her total left hip arthroplasty.

PLAINTIFF'S CONTENTIONS: Rogers alleged that after the total hip arthroplasty performed by Tocchi, she suffered from pain in her left hip and her left leg became longer than her right leg. Rogers claimed she sought multiple measurements of her legs, and the results varied between her left leg and right leg being one-half inch longer than the other. Two years after Tocchi's surgery, Dr. Ronald James performed surgery to correct issues in Rogers' left hip, replacing and reorienting components of the hip to resolve her pain and leg length issues.

DEFENDANT'S CONTENTIONS: Tocchi's expert witness, an orthopedic surgeon, claimed all clinical attempts to measure differences in leg length were inaccurate and the wide variance of measurements Rogers claimed were evidence of that inaccuracy. Tocchi and his expert contended the performance of the arthroplasty met the standard of care.

Damages

Rogers sought $14,359 in past medical costs for corrective surgery, and $75,000 to $100,000 per year for her past pain and suffering from the time of Tocchi's surgery to her corrective surgery.

Result

The jury rendered a verdict for the defense, finding Tocchi was not negligent.

Deliberation

2.5 hours

Length

five days