Case details
Patient’s condition caused by other factors, doctor claimed
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
brachial plexus, neurological, severe brachial plexopathy
FACTS
On May 22, 2012, plaintiff Patrice King, 57, a registered nurse, underwent arthroscopic surgery on her right shoulder. Following the procedure, she had an interscalene brachial plexus regional nerve block catheter placed by an anesthesiologist, Dr. Jason Sloan. Over the next three days, King underwent physical therapy and conducted home exercises, as ordered and instructed by her orthopedic surgeon and physical therapist. During that time, she was monitored as an outpatient by Sloan. However, King developed severe brachial plexopathy,a form of peripheral neuropathy that occurs when there is damage to the brachial plexus. She alleged that her condition is permanent and affects her right, upper extremity. King sued Sloan, alleging that Sloan failed to properly insert the catheter and failed to properly monitor the catheter during the three days post-surgery. King also alleged that Sloan’s failures constituted medical malpractice. Specifically, King claimed that the insertion of the catheter and/or the failure to properly monitor the catheter over the next three days resulted in the severe brachial plexopathy. Sloan’s counsel contended that the monitoring of the interscalene catheter was handled appropriately and within the standard of care. Counsel also contended that the brachial plexopathy and disability were not due to the regional nerve block, placement of the catheter, or monitoring of the catheter, but were due multiple other factors., King claimed she suffers from severe brachial plexopathy, which affects her ability to use the entire right, upper extremity, including her right, dominant hand. She claimed that her condition is permanent and that as a result of not being able to fully use her dominant hand, she is unable to work in any capacity as a registered nurse, causing her to be on long term disability from employment. King claimed that her total loss of income, net of disability payments, exceeded $2 million. She also claimed that her loss of household services exceeded $800,000.
COURT
Superior Court of Alameda County, Oakland, CA
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