Peroneal Nerve Injury Research Total Award $ Outcome Case Type Subcategory Facts

Transcription

1 Peroneal Nerve Injury Research Total Award Outcome Case Type Subcategory Facts - Defense Municipal Liability Failure to Maintain City Sidewalk Plaintiff tripped and fell on a sidewalk maintained by the defendant City of Largo. She alleged that she tripped on an uneven surface and that the defendant failed to maintain the sidewalk in a safe condition resulting in multiple strain and sprain injuries, dental fractures, a hand/wrist fracture, and a peroneal nerve injury. The defendant argued that the sidewalk defect was minimal and it had no notice of the condition. They also claimed that the plaintiff's neurologist presented trial testimony which was inconsistent with his deposition testimony regarding the plaintiff's peroneal nerve injury. - Defense Medical Malpractice Breast Reconstruction Surgery Plaintiff underwent breast reconstruction surgery by the defendant plastic surgeon and assisted by the defendant anesthesia physicians at the defendant hospital. At the end of the procedure, the defendant anesthesia physicians and the defendant plastic surgeon elevated the head of the operating table, causing the movement of the plaintiff's legs from their previously safe position. The plaintiffs (injured and her husband) claimed that this change in position caused a bilateral peroneal nerve compression injury at the fibular head and that the defendant anesthesia physicians and defendant plastic surgeon were negligent in their positioning of the plaintiff on the operating table during surgery. Further, the plaintiffs claimed that the defendants breached the standard of care by failing to remove the drapes to check the positioning of the plaintiff's legs after the operating table head was elevated. The defendants denied negligence and alleged that the positioning and padding of the plaintiff during surgery was within the standard of care, and the removal of the drapes during surgery would have been contraindicated since that action would risk contamination of the sterile surgical field. They also claimed that there was no documentation of peroneal nerve injuries during the plaintiff's hospitalization.

2 - Defense Medical Negligence Leg Debridement Plaintiff was transported to the ER of a hospital following a car accident. He presented with injuries to his right leg and an internal fixation of a bicondylar tibial plateau fracture was performed. Approximately one month later, the plaintiff was admitted to the same hospital for irrigation and debridement of an open infected wound and right leg and soft tissue reconstruction which was performed by the defendant physician. immediately after the procedure, the plaintiff was noted to have an absence of dorsiflexion in his right foot and the defendant physician was notified of this while the plaintiff was in recovery. The next day, the defendant noted a right peroneal nerve palsy in the progress record, but didn't order any testing, monitoring, or treatment. After the plaintiff showed no improvement in dorsiflexion, the defendant performed an exploration and decompression of the right peroneal nerve where he noted a tendinous band beneath the lateral gastrocnemius muscle flap which was wrapped around the peroneal nerve, compressing it against the fibular bone. The plaintiff claimed that the defendant physician failed to obtain proper and effective informed consent, negligently performed the right leg debridement and soft tissue reconstruction, negligently injured the peroneal nerve during the right leg debridement and soft tissue reconstruction, failed to adequately monitor the plaintiff's neurovascular condition, and failed to recognize the significance of signs and symptoms of the plaintiff's compromised neurovascular condition. The defendants (the defendant physician and his practice) claimed that the plaintiff's nerve injury occurred as a result of the severe leg fracture he experienced and the surgery required to save the leg.

3 - Defense Premises Liability Falldown on Boardwalk Plaintiff claimed that she was walking on a boardwalk when she fell through a loose board that wasn't fastened to the frame of the boardwalk and that the defendant Hillsborough County negligently maintained the boardwalk and had actual or constructive notice of the defect. She alleged that she suffered a right foot drop, low back pain, and right peroneal nerve palsy resulting in a 15% impairment rating. The defendant argued that it wasn't on actual notice of the defect and that many people had walked on the same boardwalk hours before the accident and didn't report any defects. Moreover, the defendant claimed that it wasn't on constructive notice of the defect because no similar accidents had ever occurred in the history of the park and no guest had ever complained about loose boards on the boardwalk. The defendant's neurologist claimed that he found no evidence of right foot drop and that the plaintiff performed all applicable tests within normal limits. 186, Plaintiff Premises Liability Failure to Maintain Linoleum Flooring The defendant in this case was Toys "R" Us Delaware Inc. The plaintiff alleged that she twisted her ankle as a result of a 6" wide, 12" deep dip in the linoleum flooring of the defendant's toy store. She claimed that she was able to catch herself on shelving and didn't actually fall to the floor, resulting in torn ligaments and a peroneal nerve injury. The defendant argued that prior repairs to the floor were for cosmetic reasons only and that the condition wasn't dangerous. The defense alleged that the condition at issue was a groove which was only 1/2" wide and 1/4" deep.

4 - Defense Medical Negligence Failure to Diagnose Compartment Syndrome Plaintiffs suffered an injury to his left leg when he was thrown our of a moving van while attempting to apprehend a shoplifter. The plaintiff went to the defendant hospital's ER where he was treated by the defendant physician and an ER physician's assistant, who were both employees and/or agents of the defendant contractor who contracted with the defendant hospital to staff the ER. That defendant was voluntarily dismissed before trial. At the ER, the plaintiff complained of foot numbness, pain, and swelling and the defendant ER physician treated him for a contusion and a muscle tear. He was given medication and was discharged. The following day, the plaintiff returned to the ER and saw a physician who specialized in orthopedic surgery who diagnosed the plaintiff with foot drop or peroneal nerve palsy. The following day, he was re-admitted to the defendant hospital with complaints of pain, numbness, swelling, and discoloration and was diagnosed with compartment syndrome. The plaintiffs alleged that the defendants failed to recognize the severity of the plaintiff's injury, failed to conduct appropriate tests, failed to diagnose compartment syndrome, and discharged him without appropriate care which resulted in permanent peroneal nerve palsy and disability - Defense Medical Malpractice Failure to Diagnose and Treat Compartment Syndrome Plaintiff underwent a total knee arthroplasty when she alleged that the defendant osteopath, who was in charge of her rehabilitation, negligently failed to timely diagnose and treat compartment syndrome. She also alleged that a consulting orthopedic surgeon was negligent in failing to timely perform surgery to treat the compartment syndrome resulting in a permanent peroneal nerve injury, permanent partial foot drop, weakness of the left foot, neuropraxia, and paresthesia of the left foot. The defendant argued that the plaintiff's compartment syndrome was only a presumptive diagnoses and that the plaintiff never actually had compartment syndrome and that the peroneal nerve injury was sustained when she underwent surgery by the codefendant orthopedic surgeon to repair a popliteal artery laceration.

5 392, CN: Plaintiff 60%; Defendant 40% Premises Liability Fall on Cruise Ship Judgment reduced to 156,800 for CN. The plaintiff suffered a peroneal nerve injury to the leg, resulting in a 2% whole-body impairment, when she tripped and fell over the edge of a platform on a cruise ship owned and managed by the defendants. She claimed that the step-up to the platform failed to have any markings, that there were no signs of the step-up to the platform, that the floor and the riser were the same color, and that the defendants should have been aware of the unsafe condition and corrected it. The defendant denied any need to warn and contended that the condition was easily seen. - Defense Doctor and Hospital Negligence Negligent Supervision Minor plaintiff suffered bilateral peroneal nerve palsy after she was positioned by the defendants for reconstructive surgery on her right breast. The plaintiffs contended that the defendants supervised her in a negligent manner, improperly, and unsafely positioned her during the procedure, and failed to provide the proper standard of care. The defendants denied liability, disputed the cause of the plaintiff's injury, and contended that the plaintiff and a nonparty were comparatively negligent. 28, CN: Plaintiff 50%; Defendant 50% MVA Pedestrian Plaintiff alleged that she had gotten a client out of her vehicle operated by the defendant and into a wheelchair. As she was walking back toward the vehicle's trunk, the defendant's vehicle moved forward and ran over her right foot resulting in nerve damages. The defendant claimed that the plaintiff was reaching into the trunk and her foot was in front of the tire when the defendant pulled forward thinking the plaintiff was clear of the vehicle. 92, Plaintiff Premises Liability Dog Bite Minor plaintiff went through the defendant's yard and was bitten by their dog resulting in two bite words, a laceration of the lateral part of the shin, and exposure of the peroneal nerve. 536, CN: Plaintiff 20%; Defendant 80% Premises Liability Protruding Metal on Stairway Plaintiff was an invitee on the premises of the defendant. While descending the stairway to exit the building, the plaintiff was struck by a piece of metal protruding from the stairs. She claimed that the object had existed for a sufficient length of time so that the defendant knew, or should have known, of it.

6 - Defense Products Liability Defective Design Plaintiff claimed that the defendant manufactured a defective pair of tongs which broke while the plaintiff was lifting a post of hot water, causing burn injuries to her foot and peroneal nerve damage. The plaintiff's physician testified that the plaintiff sustained 3rd degree burns to the top of her foot with damage to the peroneal nerve requiring 3 surgeries including a skin graft, flap procedure, and liposuction. The defendant argued that its tongs are capable of holding 2 times the amount that the plaintiff was holding during the accident and that the plaintiff couldn't establish that it manufactured the tongs in question because they were discarded by the plaintiff's employer. 15, CN: Plaintiff 5%; Defendant 95% MVA No Contact Accident Plaintiff suffered post concussion syndrome, a lumbar strain with peroneal nerve neuropraxia, and knee contusions when his vehicle was struck broadside by a nonparty vehicle after it had been struck by the defendant's vehicle at an intersection. He alleged that the defendant operated her vehicle in a negligent manner and failed to keep a proper lookout. Further, he claimed that the codefendant insurance company issued a policy of insurance which provided for uninsured/underinsured motorist coverage. The defendants denied liability and the defendant claimed that the plaintiff failed to mitigate his damages and the negligence of a 3rd party caused the accident. - Defense Premises Liability Slip-and-Fall Plaintiff was at the defendant's restaurant during International Night. According to custom, when Greek songs play, napkins are thrown into the air. When the plaintiff was returning from the restroom, the napkins were being thrown and she slipped and fell onto a wet napkin. The defendant alleged that the plaintiff had been a patron at the restaurant before and was aware of the napkin-throwing ritual. There were no witnesses to the fall and no prior incidents of falls from the napkins. The defendant held that the plaintiff could have fallen for other reasons. - Defense Doctor Malpractice Diagnosis Plaintiff suffered sciatic nerve palsy resulting in a primary peroneal nerve deficit after being treated by the defendant physician. She had to undergo prior total hip replacement surgery and the defendant physician failed to dissect out and identify the sciatic nerve. The nerve problem was discovered after surgery.

7 320, CN: Plaintiff 25%; Defendant 75% Premises Liability Slip-and-Fall Plaintiff suffered a tearing of the lateral collateral ligament of the left knee with peroneal nerve palsy, resulting in a dropped foot and a 12-15% disability to the whole body, when he slipped and fell on algae on a walkway at the defendant condominium complex. A remittur reduced the award to 195, , CN: Plaintiff 50%; Defendant 50% Premises Liability Fall from Balcony Plaintiff was a guest a the townhome of his sister when he was removing a piece of furniture from the 2nd floor bedroom. He was lifting the furniture over the balcony railing when the railing came apart as he was leaning against it. He fell to the concrete pavement and suffered multiple injuries including a tibia and fibula fracture requiring surgery, an avulsion fracture of the distal medial malleolus, a left anterior talofibular ligament injury, an injury to the deep peroneal nerve with neuroma formation, and the recommendation of a peroneal nerve transplant and ankle fusion surgery. The plaintiff currently has an 8% whole-body impairment rating which would rise to 12% is he were to undergo the recommended surgeries. - Defense Premises Liability Hotel Patron Struck by Falling Trash Can Plaintiff was attending a seminar at the defendant hotel when she claimed that a wall-mounted trash can fell from a unit on the wall and struck her foot while she was using the women's restroom, resulting in a superficial peroneal nerve injury on the right foot which required surgery and reflex sympathetic dystrophy (RSD). She alleged that, after washing her hands, she took a step toward the paper towel unit when it fell out of the wall. The defendants claimed that it was impossible to have happened the way the plaintiff described, that the plaintiff was using a cane from a prior hip surgery and that she must have become unstable and grabbed hold of the trash can, causing it to fall.

8 - Defense Medical Malpractice Hip Replacement Surgery Plaintiff entered the defendant hospital for a total hip replacement which was performed by the defendant physician. He alleged that he experienced paralysis and foot pain immediately upon awakening from surgery and claimed that he heard a nurse reference "foot drop" shortly following surgery. He further alleged difficulty with physical therapy sessions in which he would drag his leg and could only bend his knee with assistance. Upon his discharge from the defendant hospital, the plaintiff was instructed to go to an orthotics expert to be fitted for an ankle-foot orthotic (AFO). The plaintiff alleged that the defendant physician failed to specifically identify and document the location and anatomical condition of the sciatic nerve and/or peroneal nerve during the subject hip replacement and take measures to protect same, failed to properly apply, monitor, and utilize retractors during the hip replacement, failed to properly perform the surgery s as to prevent injury to the sciatic and/or peroneal nerve, and failed to appropriately apply and/or monitor the abduction splint post-operatively, causing profound neurological deficits in the plaintiff's leg. The defendants filed for summary judgment, maintaining that the plaintiff's medical malpractice cause of action failed to comply with Chapter (4) and was time-barred by the applicable statute of limitations. The plaintiff countered, claiming that his reliance upon the defendant physician's representations that his post-surgical symptoms were normal, he didn't have reasonable knowledge of possible malpractice until meeting with a neurologist.

9 60, Plaintiff Premises Liability Fallen Dresser Plaintiff was on the defendant's premises as a business invitee shopping for furniture. While walking by a cart, a dresser fell off and hit her right thigh and knee causing numbness and pain at the level of the right foot and pain and numbness in the last 3 toes on the right, weakness of the dorsiflexors of the right foot, decreased sensation to light tough and pinprick over the territory of the right common peroneal nerve, sciatica, tenderness to pressure over the right sacroiliac joint, limitation of the anterior flexion of the trunk and 10-degree limitation of the extension of the trunk and 10-degree limitation of the right and left lateral flexion of the trunk, right common peroneal nerve paresis, an increase in coldness over the right left over the dermatomes and over the nerve roots L-5 and S-1 on the right side, and reflex sympathetic dystrophy. - Defense Medical Negligence Hip Replacement Surgery Plaintiff was admitted to the defendant hospital for 10 days for a right hip replacement. The defendant physician performed the operation. When she awoke from surgery, the plaintiff immediately experienced searing right calf and foot pain and numbness and loss of motor function from her knee to her toes, consistent with damage to the sciatic nerve affecting the peroneal and tibial nerve division. An EMG performed on the plaintiff showed right sciatic nerve neuropathy with axonal injury. Since the surgery, the plaintiff alleged that she had constant pain in her right foot and leg and is unable to walk without an aid. She also claimed that she must constantly use an ankle-foot orthosis. Prior to the surgery, the plaintiff alleged that she wasn't adequately informed of the risks of the surgery (sciatic and peroneal nerve damage) and wouldn't have undergone the operation had she known the risks. The plaintiff alleged that the defendant failed to properly inform her of the risks, failed to properly perform the hip replacement surgery, and that his eyesight was impaired during the operation by several recent surgeries on his detached retina.

10 - Defense Premises Liability Fall Plaintiff was a visitor at an apartment building owned and maintained by the defendant when he suffered left ankle synovitis, a left syndesmosis tear, a left tibial exostosis, a left peroneal nerve entrapment, left ankle contusion, and a left ankle osteochondritis dissecans lesion, when he allegedly slipped and fell while going down stairs. He alleged that the defendant negligently maintained the premises, failed to correct a dangerous condition, and failed to warn of the dangerous condition. The defendant denied liability and alleged that the plaintiff was comparatively negligent and that the plaintiff committed fraud in filing the claim. 340, CN: Plaintiff 20%; Defendant 80% Premises Liability Trip-and-Fall Judgment reduced to 272, for CN. The plaintiff was stepping out onto the patio area behind his condominium when he tripped over a concrete patio paver which had been raised and uplifted by tree roots spreading toward the plaintiff's unit from pine trees growing behind a neighbor's condominium. He fell onto a nearby chair after tripped resulting in a mild disc bulge at L3-4, a small central focal disc protrusion at L4-5 superimposed on an annular building disc without spinal stenosis, a mild bulging disc at L5-S1, and peroneal nerve palsy resulting in drop foot. The plaintiff and his wife alleged that the complained to the defendant complex's Board of Directors concerning the raised pavers in the 2 years before the accident. The plaintiff and his wife claimed that he defendant was negligent in failing to correct the unreasonably dangerous condition of the raised patio pavers on the plaintiff's patio area in violation of FL Statures Chapter 718 (2004) known as the Condominium Act and the Florida Administrative Code, Chapters 61B-15 through 25, 40, and 50. The defendant denied any duty to correct the condition and asserted comparative negligence.

11 350, Plaintiff Premises Liability Falling Pump Cover Plaintiff went to the defendant's premises to purchase gasoline for his vehicle. The plaintiff alleged that the defendant negligently maintained the premises because the front casing portion of the gas pump fell forward, landing directly on the plaintiff's right foot resulting in a navicular fracture secondary to blunt trauma excision requiring surgery. His pain management specialists testified that the plaintiff's right foot had an entrapment of the peroneal nerve. The plaintiff further alleged that the defendant knew of the negligent condition, or it had existed for a sufficient length of time, so the defendant should have known about it. The defendant claimed collateral source offset for all damages paid, affirmatively denied joint and several liability, and alleged that the plaintiff's damages were charged in whole or in part by third parties, for whom the defendant isn't liable. 125, Settlement Premises Liability Fall at Car Wash Plaintiff suffered a fractured left hip, resulting in scarring, and complete peroneal nerve palsy when she tripped and fell over a pipe installed at a walkway at the defendant's car wash. The work was being performed by the codefendant electric company. The plaintiff alleged that the defendants negligently installed the pipes and created an unsafe condition for pedestrians who entered the area. The defendants denied liability and maintained that the plaintiff was comparatively negligent. They also claimed that the codefendant negligently installed the pipe and decided on the location of the pipe. 250, Plaintiff Worksite Accident Railroad Worker Dragged by Moving Tank Car Plaintiff was injured while working as a conductor for the defendant railroad when he and his crew were involved in coupling operations where various groups ("cuts") of cars are assembled to make a train. At the time of his injury, the plaintiff was mounting a moving tank car which involved putting a foot in a foot hold ("stirrup") and catching the handhold ("grab iron"). As the plaintiff caught the vertical grab iron of the tank car, it broke free and the plaintiff swing back toward the rear of the train, falling sideways. As the plaintiff fell, he struck his foot on the stirrup and was dragged along the track before he was able to pull free, resulting in a neuroma of the deep peroneal nerve.

12 248, CN: Plaintiff 55%; Defendant 45% Utility Company Negligence Failure to Maintain Plaintiff suffered peroneal nerve damage to the left leg, requiring two surgeries, when he fell from a utility pole, owned by the codefendant telephone company and used by the defendant power and light company, into a waterway. He was attempting to remove cable lines when the pole broke, causing him to fall. The plaintiff contended that the defendants failed to properly maintain the pole. The defendant maintained that it was the codefendant's responsibility to inspect the pole. Both defendants held that the plaintiff was negligent for climbing onto the pole before the cable was cut. - Defense Doctor Malpractice Negligent Surgery Plaintiff claimed that he suffered peroneal nerve damage, iliac artery damage, and vascular damage to his leg while in the care of the codefendant vascular surgeon, who was associated with the defendant group, at a nonparty medical facility where he presented for fusion surgery. The plaintiff contended that the defendant was liable under the doctrine of respondeat superior and that the codefendant failed to exercise the skill and knowledge necessary to perform the procedure, failed to properly supervise his condition post-surgically, and failed to provide the proper standard of care. The defendants denied liability. 718, Plaintiff Medical Malpractice Lateral Meniscus Repair Plaintiff was bumped in the hallway at work by a company representative and suffered a knee injury. The defendant physician performed a lateral meniscal repair surgery and during that surgery, the defendant entrapped the plaintiff's peroneal nerve with a stitch. Approximately one month later, a diagnostic arthroscopy was performed and the tear in the lateral meniscus was discovered. The defendant alleged that this was a known risk and the plaintiff was required to undergo a second surgery to correct the stitch impinging on the nerve.

13 142, Plaintiff MVA Rear-End Plaintiff suffered peroneal nerve damage to his lower left extremity at the fibula head, post-traumatic headaches, and cervical strain with muscle spasms leading to permanent injury after his vehicle, which was stopped at a red light, was struck from the rear by a vehicle operated by the defendant. The plaintiff alleged that the defendant operated her vehicle in a careless and negligent manner and proximately caused his injuries. The defendant disputed the alleged severity and permanency of the injuries and contended that the plaintiff suffered only from soft-tissue injuries with minimal permanent disability.

14 - Defense False Arrest Excessive Force Plaintiff was attempting to board a flight with his 8-year-old twin sons and their eight-year-old friend for a return trip home after vacationing in central Florida. He made reservations for himself and the children, but was advised that he'd been "shut out" of the flight with no apparent reason. The plaintiff alleged that, after several minutes of conversation between himself and the agent at the airline's ticket counter, the agent advised that she would call security if he didn't leave. He was then approached by the defendant officers from the defendant City of Orlando Police Department. The plaintiff alleged that one of the officers commanded him to get away from the ticket counter or face arrest and that, without being told he was under arrest, he was attacked by the officers and thrown to the ground, resulting in a low back injury that required surgery, injury to the peroneal nerves in the right leg, drop foot, contusions, internal injuries, an aggravation of a pre-existing heart condition and anxiety, and humiliation. the defendants alleged that despite traveling with small children and having to check luggage, the plaintiff didn't present to the airline ticket counter until 12 minutes before his fight's scheduled departure time. The claimed that the agent couldn't allow the plaintiff to travel on his original fight, but offered options that the plaintiff refused and became loud, argumentative, angry, and irate. When the defendant officers arrived, they claimed that they attempted to engage the plaintiff in conversation and tried to calm him down to investigate the altercation between the plaintiff and the agent, but he didn't calm down and got more agitated. The defendants alleged that the plaintiff refused to step away from the counter, refused to produce ID, continued to be belligerent and loud, put his hands near one of the officer's faces, and was subsequently arrested for disorderly conduct, interference, and resisting arrest without violence.

15 45, Plaintiff Doctor Malpractice Negligent Surgery Plaintiff suffered bilateral compartment syndrome to his leg, a foot drop, and tissue necrosis after he underwent colostomy reversal surgery performed by the defendant physician who placed leg bandaged and compression stockings on his legs. The plaintiff contended that the defendant failed to properly perform the surgery, negligently placed the bandages excessively tight on his legs, and failed to provide the proper standard of care. The defendants denied liability and held that the plaintiff suffered peroneal nerve palsy, which was a known complication of the procedure. 500, Plaintiff Doctor Malpractice Diagnosis 132, Plaintiff, who was a body builder and investor of a fitness gym, suffered compartment syndrome, resulting in permanent damage to the peroneal and posterior tibial nerves, and the inability to return to work, when the defendant physician failed to diagnose his condition following calf augmentation with silicone implants. The plaintiff then underwent surgical repair by another physician.