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Clark Hudson recently obtained a defense verdict on behalf of an orthopedic surgeon.

Saturday, April 29, 2017  
Posted by: Kimberly LaBounty
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APRIL, 2017

 

Clark R. Hudson

Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson, APLC

San Diego, CA


Clark Hudson, Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson, APLC, San Diego, CA recently obtained a defense verdict on behalf of an orthopedic surgeon. The case concerned a plaintiff who developed sciatic nerve damage and resulting “foot drop” condition following a total hip replacement surgery. It was undisputed that the surgery was indicated for the patient, who had a long history of severe arthritis of the left hip. Plaintiffs alleged that the orthopedic surgeon negligently performed the surgery by utilizing hip implant components that were too long and too tight. Plaintiffs claimed that these components stretched the sciatic nerve, causing the patient’s injury. Plaintiffs’ expert further claimed there was no documentation in the medical records of the surgeon’s efforts to position the left leg properly and protect the sciatic nerve intraoperatively. The orthopedic surgeon presented evidence showing that the patient experienced a rare, but recognized risk of the total hip replacement surgery. In fact, both plaintiffs’ expert and the orthopedic surgeon’s expert agreed sciatic nerve injury can occur even if the surgeon does everything, including intraoperative positioning, perfectly. The defense argued the orthopedic surgeon properly used trial implant components to determine the proper length for the final implant. Although the plaintiff experienced a serious complication from the surgery, the complication occurred in the absence of negligence and despite the surgeon’s best efforts to avoid it. The jury returned a verdict in the orthopedic surgeon’s favor. Elizabeth Harris, an associate at Neil Dymott, assisted and tried the case with Clark.


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