Facts

Nancy Gargan underwent a total knee replacement on June 3, 2009, which was performed by an orthopedic surgeon, Mark Schamblin at Bakersfield Memorial Hospital. Gargan received non-surgical post-operative care from Long Dinh, an internist at the hospital. Surgical post-operative care was provided by Dr. Schamblin and Dr. Shapiro.

Following surgery, Gargan began experiencing loss of circulation in her leg due to a blood clot that was caused by a nick of Gargan's popliteral artery during surgery. As a result, Gargan underwent an above the knee amputation performed by Dr. Todd Shapiro on June 6.

PLAINTIFF'S CONTENTIONS:
Gargan filed suit against Schamblin, Dinh, Shapiro, and the hospital, alleging medical malpractice and vicarious liability. She contended that the physicians failed to diagnose the perforation and blood clot after she displayed signs and symptoms both during and after surgery. Gargan alleged that Schamblin was responsible for nicking her popliteal artery causing the clot, and he had failed to diagnose the issue following surgery.

DEFENDANT'S CONTENTIONS:
The defense contended that a nicked artery was a known complication of knee replacement surgery, and no negligence occurred. Shapiro contended that Gargan's leg was not salvageable by the time she came under his care.

Damages

Gargan sought damages for future medical expenses as well as assisted living costs.

Result

Before trial, Schamblin and the hospital settled with Gargan, and Dinh and Gargan entered into arbitration. The jury rendered a verdict in favor of Shapiro.