Facts

On Sept. 17, 2010 Sherri Graham, 66, fell down a flight of stairs in her home in Red Bluff. She was taken to the emergency room at St. Elizabeth Community Hospital, where x-rays were taken. Emergency room physician Frances Schlatter read the x-ray as showing a possible avulsion fracture but as otherwise normal. Radiologist Jack Kure also read the x-rays as normal. Graham was fitted with a splint and instructed not to bear weight on the foot.

On Sept. 22, 2010, Graham went to orthopedic surgeon Matthew Pautz, M.D., for a follow-up exam, which revealed tenderness consistent with an ankle sprain. She was fitted with a splint and told not to bear weight.

Graham's entire foot was still swollen and tender during a subsequent visit to Dr. Pautz on Nov. 2, 2010. He referred Graham to a neurologist, suspecting a chronic pain condition.

In December 2010, physiatrist Lee Vranna discovered via a repeat x-ray that the navicular bone in Graham's ankle was fractured.

Graham ultimately underwent ankle surgery and later sued Dr. Schlatter, Dr. Kure, St. Elizabeth Hospital, and Dr. Pautz. Dr. Schlatter, Dr. Kure and the hospital were later dismissed and the case proceeded against Dr. Pautz only.

PLAINTIFF'S CONTENTIONS:
Graham contended that Dr. Pautz was negligent because he failed to diagnose her ankle fracture. She further contended that if she had been diagnosed earlier, she could have been treated without surgery.

DEFENDANT'S CONTENTIONS:
Dr. Pautz disputed Graham's claims, arguing that the X-ray appeared normal and her symptoms were consistent with an ankle sprain.

Settlement Discussions

Graham made a demand for $50,000 and the defense offered a waiver of costs.

Injuries

Graham claimed that after surgery, the inserted screws were painful and that she had problems with the activities of daily living.

Result

The jury returned a defense verdict, finding that Dr. Pautz was not negligent.

Other Information

According to plaintiff, the original vote was 7-5 for plaintiff, and a retired lawyer on the jury panel turned it around for the defense.

Deliberation

four hours

Poll

12-0 (negligence)

Length

five days