Facts

On April 18, 2007, claimant Janiz Marinez, underwent a total hip replacement performed by Dr. Bradley Hotchner at Kaiser Riverside. On May 1, 2007, the claimant's hip dislocated when she was lying in bed. Due to debilitating pain, the claimant was taken to Riverside Community Hospital by an ambulance. After being examined, a physician explained that the claimant's hip was unstable at the time it was reduced or placed back in position. In fact, the hip fell out of socket immediately after the physician repositioned it. Thus, the treating physician at Riverside Hospital recommended that she be admitted to a hospital for further evaluation. The claimant was then transferred by ambulance to Kaiser Riverside.

At Kaiser, the claimant was placed in a brace and released. Thereafter, the claimant was in pain and had a near-constant feeling that the hip would dislocate again. She sought treatment from other orthopedics within Kaiser and by outside consultants. The CT scan was performed at Kaiser in May 2008 and revealed a retroverted cup. At that time, the claimant was referred to another Kaiser orthopedist, who determined the retroverted cup was causing instability in the claimant's hip. As such, the surgeon found that a revision surgery was appropriate.

On Nov. 11, 2008, the claimant underwent hip revision surgery. The surgeon's pre-operative and post-operative diagnosis was "unstable left total hip replacement." The claimant was in the hospital for four days and underwent another recovery period with some physical therapy. The claimant was eventually cleared to work and perform her daily activities. The claimant had a difficult time returning to a normal level of functioning.

CLAIMANT'S CONTENTIONS:
The claimant contended that Dr. Hotchner malpositioned one of the prosthetic hip components, the acetabulum or cup. The cup was retroverted (facing backwards toward the outside of the pelvis) instead of anteverted (facing inward toward the midline of the pelvis). The parties' expert agreed that placing a cup in retroversion was below the standard of care, because it causes instability.

RESPONDENT'S CONTENTIONS:
The respondents claimed that claimant's expert could not establish Dr. Hotchner's negligence because he could not provide the exact point when Dr. Hotchner malpositioned the hip component. The malpositioning could have happened during several different aspects of the surgical procedure. The respondents claimed that Dr. Hotchner's negligence, if established, did not cause injury to the claimant because her hip was not unstable.

The respondent's expert testified that absence of dislocation is, by definition, a stable hip. The cup could have continued in retrovertion and the second surgery was unnecessary.

Settlement Discussions

The claimants sent C.C.P. section 998 offers of $210,000 and $50,000 for both claimants respectively. The respondents made no offer.

Damages

The claimant's husband claimed loss of consortium.

Result

The arbitrator found in favor of the claimaints, awarding Janis Marinez $175,000, Richard Marinez $25,000 for loss of consortium, and an additional $27,708 for future economic loss.