Case details

Surgeon: Patient’s arm and leg injuries were properly treated

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
leg, nerve, neurological, shortened
FACTS
On Feb. 4, 2010, plaintiff Beiru Chen, a physician, was injured in a car accident and transported to Eden Medical Center, where she was treated by a team of doctors, including orthopedic surgeon Dr. Clarence Boyd. Chen’s left segmental humeral shaft fracture was treated by Boyd performing a locked intramedullary rodding using a Synthes solid nail system measuring 240 millimeters in length. Boyd also chose to treat Chen’s left tibial plateau fracture nonsurgically and have her 50-percent weight-bearing in a cast brace to be worn whenever Chen was out of bed. However, two days after the rod was placed, Chen developed radial nerve palsy, which Boyd noted. Chen claimed that in addition to the radial nerve palsy, she developed a varus deformity that resulted in a shorter left leg. Chen sued Boyd, Eden Medical Center and the hospital’s operator, Sutter Health Inc. She alleged that Boyd was failed to property perform the humerus surgery and failed to properly treat her radial plateau fracture, and that these failures constituted medical malpractice. Chen also alleged that Eden Medical Center and Sutter Health were vicariously liable for Boyd’s actions. However, Eden Medical Center and Sutter Health were ultimately let out of the case prior to trial. Chen claimed that the rod Boyd placed in her arm was too long and resulted in the nerve palsy. She alleged that when Boyd noticed that the rod was sitting proud at the shoulder upon examination of Chen on March 30, 2010, he recommended that the rod be replaced with a shorter one. Chen further claimed that the cast brace that Boyd instructed her to wear failed to provide adequate stability, causing her to develop the varus deformity. She alleged that when Boyd recognized the varus deformity on March 30, 2010, he recommended surgery to repair the developing malunion of her left proximal tibia. Boyd claimed that he used the rod most appropriate to fix Chen’s segmental humerus fracture. He also claimed that treating Chen’s tibial plateau fracture with a cast brace and allowing some weight bearing was appropriate and within the standard of care., Chen claimed that the nerve palsy became increasingly worse over the weeks following her humerus surgery, which developed into constant left shoulder pain that limited her range of motion and inhibited her recovery. She also developed a varus deformity in her left leg, which she claimed caused constant and worsening knee pain, decreased range of motion and a shorter left leg, resulting in a pronounced limp that caused her to have difficulty walking. She further claimed that the deformity caused diffuse and medial joint-line tenderness, swelling and effusion, and laxity to varus and valgus stress. Chen claimed that as a result, she developed post-traumatic degenerative changes in her knee. As a result of her residual problems following Boyd’s treatment, Chen claimed she lost confidence in Boyd and wanted a second opinion. She was subsequently evaluated by two orthopedic surgeons who determined that the rod in Chen’s arm either needed to be replaced with a shorter one or removed entirely. As a result, Chen had the rod removed on June 18, 2010. That same surgeon also repaired a torn rotator cuff, which had been necessarily breached in order to insert the rod, but which Chen claimed also suffered additional damage due to the rod being proud. Chen also sought a second opinion for her residual complaints related to the treatment of her left leg. On Oct. 7, 2010, she underwent an intra-articular osteotomy. Chen claimed that although she did well post-surgery, she had persistent pain caused by the prominence of the hardware used to stabilize the bone. She also developed a rash, which was believed to be an allergic reaction to the metal. As a result, Chen underwent hardware removal surgery on Sept. 9, 2011. Chen’s radial nerve palsy resolved over time, but she claimed she continues to have constant pain in her left shoulder that increases with activity and limits her range of motion. She also claimed that she still has persistent pain and weakness in her left knee, and that her left leg is still shorter than her right one, requiring her to wear corrective shoes to prevent limping. Chen alleged that despite all her treatment, she cannot walk or stand for a prolonged periods of time, nor can she easily climb stairs. Thus, Chen sought recovery of damages for her past and future medical care, past and future loss of income, and past and future pain and suffering. Defense counsel contended that Chen’s humerus healed in an acceptable position and that her radial nerve palsy resolved in July 2010. Counsel also contended that Chen’s tibia fracture was subsequently plated and also healed appropriately.
COURT
Superior Court of Alameda County, Hayward, CA

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