Las Vegas Partners Brent Vogel and Katherine Gordon recently secured a significant defense verdict on behalf of an orthopedic surgeon who was accused of failing to reduce a traumatic tibia fracture properly and covering up his alleged malpractice.
In this matter, the plaintiff suffered a complex tibial fracture that required an intramedullary nailing procedure for repair. After surgery, the plaintiff initially did well. Subsequently, however, the fracture site did not heal as quickly as desired and appeared to be heading toward a nonunion. As such, the plaintiff sought a second opinion. He was advised that two of the locking screws had broken and that he would need surgery to repair a nonunion. The plaintiff returned to the defendant orthopedic surgeon but did not advise him that he had received the second opinion, that he had already scheduled a second surgery, or that he had learned that the screws were broken.
The plaintiff ultimately sued the hospital and Lewis Brisbois' client, contending that the defendant orthopedic surgeon covered up the fact that the screws had broken and that this was malpractice. The defendant maintained that broken screws and a nonunion were known risks, that these results did not indicate malpractice, and that the defendant surgeon recommended the same treatment that the second surgeon recommended.
The hospital settled before trial. At trial, the plaintiff sought over $2.5 million for lost economic opportunity, hedonic damages, and pain and suffering. After less than 75 minutes of deliberation, the jury found in favor of Lewis Brisbois' client.