Attorneys Jim McPhedran of Meyers, Flowers, Bruno, McPhedran & Herrmann and Craig Brown of Meyers & Flowers have settled the case of a northern Illinois girl left with permanent nerve damage due to the negligent medical care she received. Attorneys McPhedran and Brown are proud to announce the case has resulted in a $550,000 settlement for their young client and her parents.
Negligent surgery results in permanent injuries
On a spring day in 2017, plaintiff Rebecca*, then 12 years old, injured her left forearm while tumbling on a recreational trampoline. Rebecca was immediately taken to the emergency room, where she was discovered to have open fractures of both of her left forearm bones including displaced transverse fractures of the mid radial and ulnar diaphysis with angulation. Certain evidence also suggested a nerve injury. An orthopedic surgeon was brought in to examine and treat Rebecca.
Rebecca underwent surgery on her left arm following the trampoline injury. When she woke from surgery, Rebecca had no sensation in her left pinky and ring fingers. Through an EMG performed in August 2017, Rebecca showed no ulnar motor or ulnar sensory response along with denervation of the small muscles supplied by the left ulnar nerve. The EMG also showed that the damage to the ulnar nerve began in Rebecca’s left forearm, around the same area where a plate had been placed during her recent surgery.
In pain and searching for relief, Rebecca and her parents consulted a hand surgeon who found Rebecca’s injuries included ulnar nerve disfunction, left forearm malunion, left ulnar fracture, scarring of flexor digitorum profundus. Rebecca’s hand surgeon performed surgery and revealed in his operative report that Rebecca’s nerve had been trapped beneath the plate and partially pierced by the screw placed in her arm during her previous surgery performed by the defendant orthopedic surgeon.
Lawsuit filed alleging medical malpractice
In August 2018, a lawsuit was filed by Anthony C. Raccuglia & Associates, whose legacy is continued by Meyers, Flowers, Bruno, McPhedran & Herrmann. In the lawsuit, Rebecca and her parents alleged medical malpractice against her orthopedic surgeon and vicarious liability against the facility through which her orthopedic surgeon operates.
At the time of her original injuries, Rebecca was a pleasant young girl who grew and matured with guidance from her parents into an exceptional young woman. Rebecca was able to achieve straight A grades in school as she worked to overcome her injuries, but her day-to-day life is still altered because of the permanent injury she sustained from the negligence of her surgeon.
Now 18, even though she has worked very hard to overcome her injuries, Rebecca remains significantly limited in certain daily activities. Rebecca once enjoyed activities such as playing the piano and competitive tumbling and gymnastics, yet both activities were greatly limited due to the persistent strength, sensation and function problems in Rebecca’s left hand. Other day-to-day functions – such as typing – are also now more difficult for Rebecca.
“This case was especially challenging given defendants’ positions including that the significance of Rebecca’s original injuries to her forearm was the cause of the majority of Rebecca’s nerve disfunction,” said Attorney Jim McPhedran. However, the injuries caused by the defendant during surgery are permanent, and Rebecca will continue to struggle with motor and sensory issues in her left hand for the remainder of her life.
“While this settlement cannot undo the damage Rebecca suffered, we are hopeful that this settlement brings some well-deserved peace to Rebecca and her family,” remarked Attorney Craig Brown.
Meyers, Flowers, Bruno, McPhedran & Herrmann is on your side
Meyers, Flowers, Bruno, McPhedran & Herrmann takes great pride in representing clients across the country and justly resolving their cases. “Jim McPhedran was great to deal with,” said Rebecca’s father. “[Jim] kept us abreast of changes in our case and that meant a lot to us. I would strongly recommend Jim and his firm.”
If you or a loved one has been injured due to negligent medical care, call Meyers & Flowers at 630-576-9696 for your free, no obligation case evaluation.
*Client’s name has been changed to privacy and confidentiality purposes.