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Personal Injury
Medical Malpractice
Failure to Diagnose

Joel Householter v. Eric Gerdes, D.O., Bradley Idelshon, D.O., Paul Windham, M.D. and North Coast Emergency Physicians

Published: Mar. 30, 2013 | Result Date: Sep. 28, 2012 | Filing Date: Jan. 1, 1900 |

Case number: DR 070130 Verdict –  Defense

Court

Humboldt Superior


Attorneys

Plaintiff

James A. Zito


Defendant

Amelia F. Burroughs

Michael W. Morrison


Experts

Plaintiff

Laurence Badgley
(medical)

Douglas Malcolm
(medical)

Defendant

Michael Cohen
(medical)

Stefan E. Schunk
(medical)

Michael MacQuarrie
(medical)

Facts

On Nov. 28, 2005, Joe Householter was a radio station electronics engineer who slipped and fell while on the job, injuring his left leg. He was taken to a hospital, where he was treated by Eric Gerdes. No emergency condition was found and he was diagnosed with a probable partial tear of the left leg's quadriceps muscle.

A few days later, Householter went to an urgent care clinic and was seen by Bradley Idelshon, where the initial diagnosis was reiterated. Householter was treated by Paul Windham with physical therapy and prescription pain medication. His condition improved, but Householter claimed he still felt extreme pain and limitations in his left leg.

On Jan. 23, 2006, about two weeks later, Householter was examined by Laurence Badgley, an expert in occupational medicine, who noted a leg indentation above the knee. After an MRI, Householter was diagnosed with a complete rupture of the left rectus femoris quadriceps tendon.

Householter sued Gerdes, Idelshon, and Windam, alleging that they failed to properly diagnose and treat his quadriceps injury.

The defense argued that Householter's original injury, at the time they treated him, was a partial quadriceps tear.

Damages

Householter sought between $50,000 and $250,000 for his past and future loss of earnings. He also sought recovery of economic and non-economic damages in excess of $500,000.

Injuries

Householter was diagnosed with a complete rupture of the left leg's rectus femoris quadriceps tendon. He underwent a surgery and followed up with extensive physical therapy.

Result

The jury ruled in favor of the defense.

Poll

11-1 (Gerdes); 11-1 (Idelshon); 9-3 (Windham)


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