Recent Verdicts and Settlements (Continued from page 47)
Allegations of Liability: It was alleged Dr. Chung was negligent in that he failed to make the appropriate measurements from the bony landmarks in the elbow in order to create the anteriomedial incision for the portal.
Injuries and Damages: The evidence re- garding special damages was $24,976.00 in past medical bills, $21,456.00 in past lost wages and future economic losses of $120,000.00 to $180,000.00. No future medical expenses were claimed because medical testimony established that the Plaintiff had sustained a permanent injury for which there were no further surgical options. The general damages included past and future pain and suffering in the form of three surgical procedures to repair the median nerve, none of which were signifi- cantly successful. Plaintiff sustained substantial numbness in his right lower fore- arm and complete numbness in the thumb, index finger and middle finger of his right hand. He also sustained permanent, sig- nificant loss of strength in his right hand to the extent that he was given a 25-pound lifting restriction by medical experts in the case. A tendon transfer surgical procedure helped Mr. Swecker obtain limited move- ment in the first three fingers of his right hand.
Plaintiff ’s Experts: Leo M. Rozmaryn, M.D. (Orthopaedics and Hand Surgery) Rockville, Maryland; E.F. Shaw Wilgis, M.D. (Hand Surgery) Union Memorial Hospital/Johns Hopkins; Robert M. Macht, M.D. (AMA Impairment Ratings) Baltimore, Maryland; Phillip Bussey, PhD (Vocational Rehabilitation Expert) Lanham, Maryland; Thomas C. Borzilleri, PhD (Economic Expert) Bethesda, Mary- land
Defense Experts: David L. Gold, M.D.
(Orthopedics & Hand Surgery) Balti- more, Maryland; Bruce J. Ammerman, M.D. (Neurology) Washington, DC; Trudy Koslow (Vocational Rehab.) Alex- andria, Virginia; Thomas Walsh (Economic Expert) Arlington, Virginia
Verdict/Settlement: Total Verdict $877,432.91: Past Medical and Related Expenses $24,976.91; Past Lost Wages $21,456.00; Future Lost Wages $156,000.00; Non-Economic Damages $675,000.00
Adjuster: Michael Bender
Insurance Company: Medical Mutual Liability Insurance Society of Maryland
Special Remarks: Defendant’s Motion for New Trial has been denied but a hearing in the Defendant’s Motion for Remitti- tur is pending. The $675,000.00 verdict for non-economic damages will likely be reduced to the cap of $545,000.00. This is believed to be the second largest medi- cal malpractice verdict in Frederick County history, the largest being Stuart Salsbury’s verdict for $889,605.00 in the Barrier v. Nathan case reported in the last issue of the Trial Reporter.
Plaintiff ’s Counsel: Steven D. Campen (MTLA member) and Stephen S. Burgoon (MTLA member) Campen & Burgoon, P.C., Frederick, Maryland
Defense Counsel: Frederick W. Goundry, III; Varner, Kaslick & Goundry; Frederick, Maryland
Vehicular Negligence Estate of Charles Giles v. State of Maryland
Facts: Fifty-one year old male driver rear- ended while driving his vehicle on Route 175 in Howard County. Defendant was
an employee of the State of Maryland. Plaintiff ’s vehicle driven off the road, down an embankment and into a tree. Plaintiff ’s vehicle sustained considerable front end damage.
Injuries/Damages: Plaintiff was hospital- ized at Shock Trauma for two days, with principle injuries being to his neck and low back. Plaintiff eventually underwent cervical decompression with laminecto- mies at C4 -5, and C 6 - 7. During his convalescence from the surgery, Plaintiff experienced significant pain from other causes, and was eventually diagnosed with lung cancer, and died eleven months post- accident. Total medical bills causally related to the accident were $30,000.
Verdict/Settlement: Case settled before suit by personal representative for $135,000.
Adjustor: Renee Wright, State of Mary- land, Treasurer’s Office (410) 260-7194
Insurance Company: State of Maryland - self-insured
Plaintiff ’s Counsel: David F. Albright, Jr. (MTLA member) Horn & Bennett, P.A., Baltimore, MD
________
Jerome Johnson v. Todd Bussert and United States of America United States District Court for the District of Columbia No. 97-2197
Facts: Plaintiff ’s vehicle was struck head- on by defendant Bussert driving the wrong way off Waterside Drive onto Rock Creek Parkway on the morning of Columbus Day.␣ The normal rush hour traffic pattern was reversed.
Allegations of Liability: Plaintiff claimed that defendant Bussert was negligent in driving the wrong way on a one-way street and that the United States Park Service was negligent in using inadequate, con- fusing and poorly maintained traffic signage.
Injuries and Damages: Plaintiff sustained fracture and dislocation of the left hip and traumatic injuries to his left knee.␣ Medi- cal damages totaled $30,860.00.
Plaintiff ’s Witnesses: Robert J. Heilen, M.D. (Orthopaedic Surgeon) Annandale, VA; David Malone, Ph.D. (Civil Engi- neer) Annapolis, MD
48 Trial Reporter Summer 2001
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