$500,000 Settlement for Failure to Timely Diagnose and Treat Nerve Injury

Mr. Doe, age 55, underwent surgery to repair a ruptured tendon in his right bicep. After the surgery, he complained to Dr. Roe, the surgeon, that he had numbness and tingling and could not feel his right hand.

Dr. Roe ordered an x-ray and allegedly told Mr. Doe that a nerve had been irritated during the surgery; he said this condition would improve in time.

However, several weeks later, Mr. Doe consulted a hand surgeon. Mr. Doe underwent exploratory surgery with the second surgeon, which revealed that the metal “button” used to anchor Mr. Doe’s tendon to the bone had entrapped the posterior interosseous nerve (PIN). Although the metal button was removed by the second surgeon, Mr. Doe suffered permanent nerve damage. This resulted in permanent pain and numbness as well as a lost function in his right hand. Mr. Doe was an accomplished piano player but is now unable to continue playing.

Mr. Doe sued Dr. Roe, alleging that he negligently performed the surgery to repair the ruptured tendon in his right bicep and chose not to timely diagnose and treat the posterior interosseous nerve injury. The lawsuit did not claim lost income.

Dr. Roe asserted that a PIN injury is an accepted risk of a ruptured bicep tendon surgery.

The parties settled the lawsuit before trial for the sum of $500,000.

The attorney successfully handling this case for Mr. Doe was Benjamin R. Zimmermann.

Doe v. Roe Surgeon, Confidential docket.

Kreisman Law Offices has been handling medical malpractice lawsuits, surgeon negligence cases, birth trauma injury lawsuits, nursing home negligence cases, nerve injury lawsuits and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Cicero, Midlothian, Harvey, Matteson, Park Forest, New Lenox, Mokena, Orland Park, Romeoville, Plainfield, Joliet, Wheaton, Waukegan, Itasca, Elk Grove Village, Bartlett, Hanover Park, Barrington, Buffalo Grove, Wheeling, Vernon Hills, North Chicago, Glencoe, Wilmette, Addison, Franklin Park, Chicago (Little Village, McKinley Park, West Loop, Lincoln Park, Hermosa, Belmont Cragin, Portage Park, Rogers Park, Andersonville, Pulaski Park, Sauganash, Edgebrook Glen, North Edgebrook Wildwood, North Mayfair, Belmont Gardens, East Garfield Park, South Loop, Princeton Park, Hegewisch, East Side, Washington Heights, Pullman, Pilsen), Hickory Hills, Alsip, Romeoville, Forest Park, Maywood, Broadview and Berkeley, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.