Facts

On June 3, 2007, plaintiff Jonathan Doyle, 52, was severely injured in a motorcycle versus car accident. Doyle suffered extensive injuries including a shattering of his right acetabulum. He was taken by ambulance to Northridge Hospital Medical Center where he was treated for his injuries.

While Doyle sustained multiple orthopedic injuries, the majority of these were cared for by orthopedist, Dr. Hrair Darakjian, M.D. However, Dr. Darakjian did not have any experience in repairing acetabular fractures.

Defendant Dr. Michael Shapiro, M.D., evaluated Doyle and performed an open reduction and internal fixation of the posterior acetabular fracture of the left hip and also performed an open reduction and internal fixation of the medial wall of ileum and public ramus of the right hip. The injury to the right hip was far more severe than the left.

On Aug. 10, 2007, Dr. Shapiro advised Doyle that he was going to need a total hip replacement of the right hip. Doyle sought a second opinion and was referred to Eric Johnson, M.D., a trauma specialist at UCLA. Dr. Johnson evaluated Doyle on Sept. 4, 2007 and concluded that the care and treatment provided by Dr. Shapiro was negligent and that if Doyle had been referred to him initially Doyle would have avoided a total hip replacement all together.

On Sept. 27, 2007, Dr. Johnson performed a total hip replacement on Doyle's right hip. The left hip was replaced on Jan. 31, 2008.

PLAINTIFF'S CONTENTIONS:
Plaintiff maintained that Dr. Shapiro was not competent nor adequately trained to repair the severely damaged acetabular fracture on plaintiff's right hip. Plaintiff also claimed that Dr. Shapiro's surgery on the left hip was negligent in that he placed three screws into the joint, which caused injury and resulted in the need for a total hip replacement on the left side.

DEFENDANT'S CONTENTIONS:
Dr. Shapiro contended that he was competent and qualified to perform acetabular repairs. Due to the nature and severity of the injury on the right side, Doyle was going to need a total hip replacement. With respect to the repair of the left hip fracture, intraoperative imaging demonstrated that the screws were not placed into the hip joint but subsequently moved into the joint when the patient started weight bearing on the left side.

Settlement Discussions

Plaintiff demanded $482,000. Defendant offered $100,000.

Specials in Evidence

$50,000

Injuries

Necessity of total hip replacements on both hips; inability to walk for long periods of time; constant pain and discomfort, inability to ride a bicycle, swim or participate in other activities without pain and discomfort.

Result

Defense verdict.

Other Information

INSURER: Norcal Mutual Insurance Company.

Deliberation

3.5 hours

Poll

10-2

Length

eight days