A medical malpractice lawsuit has been settled in the amount of $7.5 million in punitive damages to a woman that used a doctor-prescribed device meant to aid healing that instead left her with permanent injuries, as reported by the San Diego Union-Tribune.
The jury award found Dr. D.C., the woman's doctor, and Breg Inc., the maker of the device, wholly responsible. Dr. D.C. has been ordered to pay $500,000 and Breg, responsible for the majority of the award, is to pay $7 million.
Breg Inc. manufactured Polar Care 500 that the plaintiff, W.E., had been ordered by Dr. D.C. to apply to her knee to facilitate her recovery following a surgical procedure.
Dr. D.C., the head physician of the Chargers, is currently facing the California Medical Board for either revocation or suspension of his medical license, for issued unrelated to W.E.'s lawsuit. Dr. D.C. is being examined for negligence involving three other patients stemming from treatment in 2007 and 2010.
Nine years ago, W.E., then 15 years old, began using Polar Care 500 and was soon diagnosed with frostbite. The ailment led to permanent disfigurement and she filed a lawsuit citing negligence, medical malpractice and product liability.
Dr. D.C. and the Oasis Sports Medical Group – the company he owns – were found 50 percent responsible, Breg 40 percent responsible and Oasis 10 percent responsible in a $5.2 million award for compensatory damages and pain and suffering in an earlier judgment.
Marc Stern, W.E.'s attorney, said, "It's entirely justified by the egregious facts of this case, and it is a long time coming."
Bob Frank, Dr. D.C.'s attorney, claimed that W.E. was well enough to play sports, with a functioning knee, following the surgery. He stressed that it was the fault of the product alone that caused her permanent damage.
Frank, in an e-mail to reporters, wrote, "Dr. (D.C.) used the Breg Polar Care device as recommended and exactly like thousands of other doctors nationwide. This verdict does not in any way reflect an adverse finding about Dr. (D.C.'s) ability to continue providing high quality surgical skills to the athletes and patients upon whom he operates."
Dr. D.C. continues to practice medicine while his case with the California Medical Board is pending.
The 2007 complaint against Dr. D.C. is in regards to two patients: one allegedly suffered nerve damage following a hip surgery and the other received significant blood vessel lacerations. The 2010 complaint is in regards to a patient that claims he suffered with both a blood clot in one leg and a pseudo aneurysm following a surgery for knee replacement.
A spokesman with the Charges declined to comment on the charges or lawsuit.
A case of medical malpractice, coupled or not with product liability, requires that you contact a medical malpractice attorney. The only kind of attorney that can help you receive a jury award is one experienced in these types of cases.