Case details

Surgeon’s surgical error caused ankle injury, patient alleged

SUMMARY

$265401.43

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, ankle ligament, nerve, neurological, reflex sympathetic, tear
FACTS
On March 20, 2007, plaintiff Nicole Husband, 27, a mortgage underwriter, presented to Dr. Dale Rosenblum, a podiatrist in Fullerton, for treatment of a sprained ankle. Husband claimed she previously sought treatment with several doctors, but that they were unsuccessful in their attempts to resolve the pain and reduced mobility in her ankle, which she sprained a year prior. As a result, Rosenblum analyzed Husband and diagnosed her with a ligament tear in her left ankle. On May 18, 2007, Rosenblum performed surgery on Husband’s ankle to repair the tear, but Husband claimed she experienced increased pain and disability following the surgery. Husband’s primary care doctor referred Husband to an orthopedic surgeon, Dr. Steven Ross, who examined the ankle and diagnosed a nerve injury. On June 4, 2009, Ross performed surgery on Husband’s ankle and discovered a suture tied around the intermediate dorsal cutaneous nerve. As a result, Ross removed the suture and debrided the surrounding scar tissue. However, Husband claimed the pain returned and she had to undergo another surgery on Aug. 4, 2011, during which Ross resected the intermediate dorsal cutaneous nerve and buried it in an adjacent bone. Husband claimed that despite the surgeries, she now suffers from complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, in her ankle. Husband sued Rosenblum. She alleged that Rosenblum failed to properly perform the surgery and that this failure constituted medical malpractice. Specifically, Husband claimed that Rosenblum mistakenly tied off the intermediate dorsal cutaneous nerve, for unknown reasons, causing her CRPS and need for two subsequent surgeries. Thus, she claimed that Rosenblum failed to meet the standard of care. Rosenblum claimed the nerve simply got caught up in adjacent scar tissue during the time Husband suffered her underlying ankle injury. He also claimed that the tying off of the nerve occurred absent of any negligence and that he was well within the standard of care during the surgery., Husband claimed she experienced increased pain and disability following the surgery performed by Rosenberg, requiring her to seek treatment with an orthopedic surgeon, Dr. Steven Ross, who examined the ankle and diagnosed a nerve injury. On June 4, 2009, Ross performed surgery on Husband’s ankle and discovered a suture tied around the intermediate dorsal cutaneous nerve. As a result, Ross removed the suture and debrided the surrounding scar tissue. Husband claimed she went pain-free for a short period of time following the second surgery, but that the pain soon returned and increased tenfold. On Aug. 4, 2011, Ross performed another surgery, resecting Husband’s intermediate dorsal cutaneous nerve and burying it in an adjacent bone. Husband claimed she now suffers from complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, in her left ankle and that she treats her condition with medication and occasional nerve blocks. She also claimed that she will require further surgery and treatment. Husband alleged that she has not returned to work since developing CRPS, but that she is capable of doing so. However, she alleged that she is limited in day-to-day activities, especially involving any strenuous activity on her left ankle. Thus, Husband sought recovery of damages, including $7,200 for her out-of-pocket medical costs, up to $800,000 for her future medical costs, and $250,000 for her past and future pain and suffering. Defense counsel argued that Husband’s current condition was better than the plaintiff claimed, in that Husband has no restrictions with her left ankle and did not suffer from CRPS. Counsel also argued that Husband’s claim for future surgery and treatment was unnecessary, but conceded that Husband will need to treat with pain medication.
COURT
Superior Court of Orange County, Santa Ana, CA

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