Confidential
Settlement – $100,000Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Mark A. Muro
(Muro & Lampe Inc.)
Experts
Plaintiff
Mark E. Schakel II
(medical)
Defendant
Roger A. Mann
(medical)
Facts
Susan Shields, 57, was seen by a nurse practitioner at the defendant clinic in Santa Rosa three days after she stubbed the big toe of her right foot. The nurse practitioner failed to advise Shields that x-rays taken of the foot showed a significant fracture of the first metatarsophalangeal joint. Instead, she told Shields to elevate her foot, apply ice and take Tylenol. When Shields continued to experience discomfort, she returned to the clinic 10 days later, at which point she was told by another nurse practitioner that she may have gout, and was prescribed antibiotics. Three weeks later, the first nurse practitioner to see her, called her home and left a voice message informing her of the fracture and that she should come in if she was having any problems. Shields alleged failure to communicate and failure to treat her fracture. The joint was destroyed as a result of continued weight-bearing use as a result of these failures. Defendant disputed the extent of the injury and the degree of post-fusion sequelae.
Specials in Evidence
$500 $12,500 for fusion procedure
Injuries
Shields claimed non-fusion, obliteration, and destruction of the metatarsophalangeal joint, leaving her with residual stiffness and pain and the necessity for a future fusion procedure.
Other Information
The case was mediated before Kenneth Gack (neutral) of JAMS.
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