Facts

Claimant Diane Stanley was diagnosed with tennis elbow in 2002. She received a cortisone injection from respondent Dr. Auerbach into her elbow on June 28, 2002. Thereafter, the claimant developed fat atrophy at the site of the injection, a known side-effect of cortisone.

CLAIMANT'S CONTENTIONS:
The claimant alleged that she did not give her informed consent to this procedure. She was never told of the possibility of fat atrophy from cortisone by respondent Dr. Auerbach. The claimant also alleged that respondent Dr. Auerbach did not take an adequate history, and had he done so, he would have prescribed more conservative avenues of treatment. The claimant developed a severe case of fat atrophy, requiring subsequent surgery to correct. The claimant worked as a television writer, earning over $800,000 per year. She contended that this fat atrophy caused her severe pain and limited her ability to work and write scripts.

RESPONDENT'S CONTENTIONS:
The respondent contended first that informed consent for this specific complication was obtained prior to the cortisone injection. The respondent further contended that a simple procedure such as cortisone injection does not require informed consent pursuant to CACI 552. The respondent contended that the fat atrophy is a cosmetic defect, and any ongoing pain complaints were due to unresolved tennis elbow.

Damages

Fat atrophy from cortisone injection requiring surgery to repair. The claimant also claimed lost of earnings.

Result

Award in favor of the respondent.

Other Information

The case was arbitrated before neutral arbitrator Hon. Alan Haber, claimant party arbitrator Arlan Cohen, and respondent party arbitrator Ted Hammond.