Facts

On May 30, 2008, plaintiff Kathleen Adams, 52, an account manager for a cable company, underwent birmingham hip resurfacing (BHR) surgery, performed by Dr. Doe at a surgery center in San Diego. Adams had been a patient of Dr. Doe for the previous two years, having undergone three knee surgeries related to a falling accident, which also caused her right hip injury. During the procedure, Dr. Doe accidentally allegedly lacerated and severed Adams' femoral artery and vein, as well as a portion of the femoral nerve, and saphenous vein. Adams had to undergo emergency vascular surgery, grafting and fasciotomies and claimed injuries to her right leg. The extent if injury was disputed, especially whether the vessel was "severed." It was undisputed that the femoral nerve was only partially damaged.

Adams and her husband, David Adams, sued Dr. Doe claiming that Dr. Doe committed medical malpractice during a negligent surgery.

PLAINTIFFS' CONTENTIONS:
Plaintiff claimed the nature of her injuries could not have been caused without negligence, res ipsa loquitur.

DEFENDANT'S CONTENTIONS:
Dr. Doe contended that he met the accepted medical standard of care, in his treatment of Adams during the BHR surgery and residual injury to her lower leg was not related to the damage to the femoral triangle.

Dr. Doe claimed as to the causation that Adams' CRPS, and all other serious residuals, were the result of a separate injury to her sciatic nerve, distinct from the lacerated femoral nerve, and a recognized complication of the BHR. He claimed that he wasn't responsible for most of Adams' past medical damages, and all of her future medical damages. Dr. Doe further claimed that the sciatic injury was what caused her to be unable to return to work, eliminating her lost earnings claim, and that all she was owed, if anything, was limited damages for past medical costs and pain and suffering, related to the femoral injuries of a limited nature.

Settlement Discussions

Plaintiffs made a CCP 998 demand of $800,000 for Kathleen and $200,000 for David Adams.

Specials in Evidence

$250,000 past and future pain and suffering $790,000 past $788,779 $1,158,418

Damages

David Adams claimed $250,000 for his derivative claim.

Injuries

Kathleen Adams allegedly suffered lacerations, nerve damage, femoral nerve, soft-tissue injury, complex regional pain syndrome, skin grafting, fasciotomy, scar and/or disfigurement of her leg. Adams underwent emergency surgery six hours after the BHR on May 30, 2008, performed by a vascular surgeon, in which grafts were used to reconstruct both the femoral artery and vein. She also underwent fasciotomies on her lower right leg, prior to blood flow and to prevent a compartment syndrome performed by Dr. Yang. Five days later, Adams underwent an abdominal muscle flap graft over her groin, using muscle from her abdomen. She had the grafts revised in another surgery in 2010. Adams allegedly developed complex regional pain syndrome (CRPS), which she claimed was the result of Dr. Doe's original negligence. She claimed she was wheelchair-bound for three months, following the surgery, and that she has since required a cane to ambulate. Adams claimed the severe pain, which she takes constant medication for and difficulty walking. She claimed that she rarely goes out anymore, and cannot engage in certain activities, like dancing. She further claimed that the surgical procedures have left her with permanent residual scarring, at the skin graft sites. Adams has not returned to work since the BHR surgery.

Result

The neutral arbitration, retied Judge Mac Amos of ADR (joined by plaintiff's party arbitration) panel found Dr. Doe was negligent, and awarded Adams $2,197,197 in damages for past and future medical costs, lost earnings, and pain and suffering. Her husband received $150,000 for his derivative claim, for a total arbitration award of $2,347,197.

Other Information

The case went to arbitration, heard before a three-person panel, as required by a written agreement Adams signed with Dr. Doe prior to surgery. FILING DATE: Nov. 21, 2008.