Teen Sues Over Knee Surgery

He Said Doctor Cut Quadricep

$342,290 Verdict

Missouri Lawyers Weekly
May 31, 2004

A 17-year-old who claimed he was injured during knee surgery sued for medical malpractice.

In 1998 Jon Hoffman of St. Louis went to Dr. Joseph Williams, an orthopedist, for knee cap pain. After about six weeks of physical therapy. Dr. Williams recommended surgery on both knees.

Hoffman contended that Dr. Williams cut a quadricep muscle and tendons during surgery. Hoffman and his parents reported pain, weakness and atrophy, among other things, for the next five months. Dr. Williams finally ordered an MKI and EMG, which revealed a quadricep tear.

Two subsequent surgeries performed by Dr. Glen Johnson failed to completely repair the quadricep muscle. Hoffman claimed the failure arose because of Dr. Williams’ delay in diagnosing and repairing the injury.

Hoffman walked without a limp and was able to play high school sports following the injury, and after graduating from college got a job with a construction company as a consultant. But Hoffman contended that physical therapy tests demonstrated significant weakness in his leg.

In his lawsuit, Hoffman argued that Dr. Williams performed unnecessary surgery because the knee cap pain would have resolved on its own with more physical therapy. Additionally, Hoffman said that Dr. Williams cut too high and deep into the vastus lateralis tendon and muscle.

In response. Dr. Williams argued that: Hoffman did not need more physical therapy, the vastus lateralis was not cut during surgery; the MRI showed that the injured muscles and tendons were outside the surgical field; and, the injury occurred several months after the surgery.

After an 11-day trial, the jury returned a $342,290 verdict.

Type of Action: Medical malpractice

Type of Injuries: Severed quadricep muscle and tendon; permanent pain and weakness in one leg

Court/Case No./Date: St. Louis City Circuit Court/002-7257/May 18, 2004

Caption: Hoffman v. Missouri Institute of Orthopedics and Sports Medicine, Inc., et al.

Judge, Jury or ADR: Jury

Name of Judge: Philip D. Heagney

Special Damages: $42,290 past medical expense; $1 million future lost wages

Verdict or Settlement: $342,290 verdict

Allocation of Fault: 100 percent to defendants

Last Offer: None

Last Demand: None

Attorneys for Plaintiff: Brad L. Blake and Julie R. Burkett, St. Louis

Insurance Carrier: CNA

Plaintiffs’ Experts: Anthony Gamboa, Louisville, Ky. (vocational economist); Dr. Glen Johnson, St. Louis (orthopedic surgeon); Steve Schwegel, Alton, Ill. (physical therapist); Dr. Stephen Wender. Ft. Lauderdale, Fla. (orthopedic surgeon)

Defendants’ Experts: Tim Deines, St. Louis (trainer); Debbie Lavendar, St. Louis (physical therapist); Dr. George Luther, St. Louis (orthopedic surgeon); Dr. William Reinus. St. Louis (radiologist); Dr. Jeff Thomasson, St. Louis (radiologist)