Anonymous Clients v. Unnamed Physician and Hospital
(Failure to Diagnose an Underlying Cardiac Condition in a Minor)

Case Facts: In the fall of 2001, our Client, then a 14 year old high school student, sustained an injury to her right arm when she had a minor accident on a non-motorized scooter. Her mother took her for examination and treatment to their HMO’s health care facility. She was examined by an employee of the HMO. An x-ray was taken which reportedly showed no evidence of fracture or dislocation.

The Client returned to this HMO facility twelve days later, now complaining of swelling and tenderness in her right arm with right elbow stiffness, which was unresponsive to anti-inflammatory drugs. Notably, the Client was also unable to flex her right arm to less than a 90 degree angle, which we allege, should have been indicative of a potential dislocation. No referral was made to an orthopedic surgeon. No further x-ray studies were done to determine whether the Client had sustained injury to her elbow. The discharge instructions from the physician were for her to attempt to increase the use of her right arm.

The Client attempted to do what she could to follow the physician’s directives by increased use and exercise of her arm. Despite her efforts, she continued to experience stiffness, which had not resolved in those several weeks. Her mother telephoned the HMO and made an appointment for her daughter shortly after New Year - on January 4, 2002.

On that date, she was examined for the first time by an orthopedic surgeon (employed by the same HMO), who determined that this girl had suffered a dislocation, which in his judgment, occurred after the October 14, 2001 x-ray but was not recent in time to the January 2002 examination – thus consistent with her dislocation having occurred just before the October 26, 2001 visit.

At this same visit, it was also determined that the Client’s elbow could not be reduced by painful closed manipulation and that surgery in the form of an open procedure would be necessary. The Client was diagnosed with chronic posterior dislocation of her right elbow with myositis ossificans/heterotopic calcification in her posterior fossa.

The Client underwent three surgical procedures between January 25, 2002 and March 22, 2002 – all of which proved unsuccessful in restoring functional use of this girl’s arm. Further surgical interventions, testing and non-operative attempts at repair followed – all of which were unsuccessful.

The Result: We allege that because of the negligent failure to properly diagnose (including the need for repeat x-rays) the Client’s worsened condition in October 2001, she has suffered and will continue to suffer extreme pain and suffering and disfigurement in her right elbow and arm, including, but not limited to pulling and stretching of her arm and elbow, placement of metal pins through her arm, development of large, unsightly scars on her arm, development of painful scar producing infection in the surgical site in her right arm, inability to experience proper function and movement in her right arm, a markedly reduced range of motion. These physical impairments, while overwhelming for this young girl in and by themselves, have further led to a loss of the ability to enjoy participating in her regular and usual occupations, avocations and daily pleasures. She has most assuredly experienced and likely will experience in the future a loss of earnings and an impairment of her earning capacity. She has incurred and will incur in the future expenses for medical care and treatment. Simply stated, she has lost the ability to fully enjoy her life for the rest of her life.

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The above “Cases in Suit” represent a sampling of the types of cases being handled by the lawyers and professional staff of Nash & Associates. Each case varies not only in the facts but also in terms of the jurisdictions in which they are litigated as well as many other intangible factors. We will continue to give you further examples of our cases, which we hope may be of interest to you.