Barker Castro & Steinbeck Successfully Defends a Chicago Area Orthopedic Surgeon and Health System

Andrea Kott and Patrick Viktora successfully defended a Chicago area orthopedic surgeon and health system in a medical malpractice action involving allegations of failing to properly perform a hip revision surgery in July of 2017. Plaintiff, a 60-year-old woman with a prior medical history significant for congenital hip anomalies, underwent hip revision surgery after component parts from her initial hip replacement surgery wore out. Following hip revision surgery, plaintiff developed a femoral nerve palsy.

Plaintiff claimed the hip revision surgery was negligently performed. In particular, the plaintiff claimed the orthopedic surgeon was negligent by injecting a substance during the procedure which extravasated into the intrapelvic space causing the femoral nerve to be compressed and permanently damaged.

The defense maintained the orthopedic surgeon complied with the standard of care. The defense established the plaintiff developed a femoral nerve palsy which is a known and recognized complication following hip revision surgery. The defense maintained the plaintiff was at an increased risk for the development of this complication given her underlying comorbidities. The defense further maintained the plaintiff improved from her baseline prior to the surgery at issue and established that the femoral nerve was not permanently damaged.

The plaintiff asked for a range between $15 million and $20 million dollars. The jury returned a verdict for the defense.