Defense Expert(s): Stephen F. Stern, D.P.M., (Podiatry) Vienna, Virginia; Bruce Ammerman, M.D., (Neurosurgery) Washington, D.C.
Verdict/Settlement: $280,000.00
Settled for
Plaintiff’s Counsel: Edward A. Gonsalves (MTLA member), Greenberg & Bederman, Silver Spring, MD
Defense Counsel: Joel Savits, Jordan, Coyne & Savits, Washington, D.C.
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Gilford Tyler, Jr. v. Dimensions Health Care System & Dr. Bahmanyan Circuit Court for Prince George’s County No. 98-15176
Facts: Plaintiff was involved in an auto- mobile accident in which he was thrown from the vehicle. He was taken by heli- copter to Prince George’s Hospital Center Shock Trauma suffering from multiple fractures of the pelvis and numbness and inability to move his left leg below the knee. he was diagnosed with the trauma to the sciatic nerve plus multiple fractures of the pelvis, fractures of two transverse processes in the lumbar spine and frac- ture of one rib. Because of the suspected nerve injury, a call was placed o the Shock Trauma Unit at the University of Mary- land Hospital in Baltimore to transfer him. At that time, the doctor a Price George’s Hospital Center was told that Baltimore Shock Trauma was on fly by and could not accept any additional pa- tients. The decision was therefore made to transfer the Plaintiff to the ICU of Prince George’s Hospital Center. At 6:30 a.m., on his transfer to ICU, it was found that his left leg was cooler than his right leg. At 7:00 a.m., it was found that his pulse in his leg had dropped from 3+ to 1+. At 9:00 a.m., it was found that he had ceased all pulses in his left leg. None of this information was conveyed to the trauma surgeon, Dr. Bahmanyar, checked the patient, found that he had no pulses, and immediately ordered an arteriogram and that the vascular surgeon be notified. The arteriogram was not begun until 12:30 p.m. and was not completed until 1:30 p.m.
After this was completed, it was only then that the vascular surgeon was called. The Plaintiff entered the OR at approximately 2:40 p.m. and surgery was not begun until 3:30 p.m. The clot was relieved at approximately 4:00 p.m.
Spring 2000 Trial Reporter 25
Plaintiff was 22-years of age at the time of the incident and is 27 now. He was working at the time of the incident as a shoe clerk for Kmart making approxi- mately $11,000 per year. At the present time, he is working as a wiring inspector for Arinc in Annapolis making approxi- mately $25,000 per year. Below is a summary of the award that
was returned. The numbers on the left reflect what the jury returned. The num- bers on the right reflect what was asked for in closing argument. It is anticipated that Motions will be filed by the Defen- dant hospital to reduce the amount for non-economic damages to the statutory cap in Maryland of $515,000. In antici- pation of this, counsel for the Plaintiff intends to file within the next week a Motion Not to Enforce the Cap together with appropriate Exhibits and Affidavits.
It is anticipated that this issue will be ap- pealed no matter how the Court rules. This will be the first test of the new cap in Maryland since it was reenacted in 1994.
Allegations of Liability: The Plaintiff contended that the hospital did not move rapidly enough to have surgery com- pleted, to have diagnostic studied done and surgery completed in time to restore circulation and save his leg from infarc- tion (tissues dying). The Defendant hospital maintained that it in fact moved with all appropriate haste and the Plain- tiff would have lost his leg in any case because there was damage not only to the arterial blood supply but the venous blood supply to the leg.
(Continued on page 26)
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