Eugene Krein v. Stewart Kaufman
Type of Injury
NEGLIGENT USE OF RODS EXTERNAL ROTATION OF ONE FOOT
XI/21-25 MEDICAL MALPRACTICE TREATMENT OF LEG FRACTURE NEGLIGENT USE OF RODS EXTERNAL ROTATION OF ONE FOOT
Eugene Krein v. Stewart Kaufman 90-172 9-day trial Verdict 5/20/93 Judge John G. Connor, Greene Supreme
VERDICT: $500,000. Breakdown: $65,000 for past pain and suffering ; $248,000 for future pain and suffering; $187,000 for lost earnings.
Pltf. Atty: Victor L. Mazzotti of Roemer & Featherstonhaugh, Albany
Deft. Atty: Forrest N. Case, Jr. of Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany
Facts: Pltf., a laborer in his mid 40s at the time, suffered a displaced fracture of the distal shaft of the right tibia and fibula when he fell from a ladder in 1989. Deft. orthopedist inserted two Rush rods to stabilize the fracture and applied a cast. Six days later, he wedged the cast to align the fracture. Pltf. suffered pressure necrosis of the right tibia and subsequently developed an infection in his right leg. He underwent two surgical procedures, and was left with a 25? external rotation of the right foot and a slight limp.
Pltf. contended that Deft. should not have inserted Rush rods because these devices did not provide rotary stability. He also contended that the rods were inserted negligently, causing the tibia to fracture further. Finally, Pltf. argued that the wedging of the cast contributed to the development of the infection. Pltf.’s expert testified that Deft. should have used a plate and screws to stabilize the fracture.
Pltf. claimed that he missed 2 years of work. He was earning $16,000 per year at the time. Pltf. Experts: Dr. Donald Paish, orth. surg., Glens Falls; Dr. Edward Pasquarella, orth. surg., Gloversville; Edmond Provder, vocational rehabilitation, Manhattan. Deft. Experts: Dr. Arsen Pankovich, orth. surg., Manhattan; Dr. James Tillotson, infectious diseases, Albany.