Professional Negligence Law Reporter

Andrew Lewis, who was in his 40s, tore his right anterior cruciate ligament (ACL) while training for a Judo tournament. Orthopedic surgeon Bruce Markman subsequently performed an ACL reconstruction, during which he damaged the patellar tendon autograft he was affixing to Lewis’s femur. Markman left the damaged autograft in place and added an additional cadaver tendon, drilling additional bone tunnels next to the ones he had previously drilled for the autograft.

After the surgery, Lewis was diagnosed as having postoperative arthrofibrosis and an extension contracture of the knee. Markman performed an arthroscopic procedure, which did not improve Lewis’s condition. Lewis later underwent a third knee surgery performed by a different physician, who removed the hardware and grafts Markman had placed during the first ACL surgery. Lewis’s problems persisted, however, and he required multiple hospitalizations and additional surgeries. He ultimately required an above-the-knee amputation of his right leg. Lewis, who is unable to continue working as a telecommunications installer earning $80,000 annually, is also unable to resume his former athletic pursuits, including martial arts and outdoor activities.

Lewis sued Markman and his employer under a vicarious liability theory alleging that Markman had misplaced both the autograft and the second hole that he drilled in the femur during the first ACL surgery.

The plaintiff also alleged that the defendant had failed to obtain informed consent for the additional drilling he performed while placing the cadaver tissue. Suit also claimed that the defendant had not placed the femur hole in the proper location.

The jury awarded $5.75 million.

Citation: Lewis v. Warren Clinic, Inc., No. CJ-2013-5297 (Okla. Dist. Ct. Tulsa Cty. Feb. 14, 2020).

Plaintiff counsel: AAJ members Jacob Diesselhorst, Glendell Nix, Andy Campbell, and Brenda Doroteo, all of Edmond, Okla.

Plaintiff’s experts: Matthew Matava, orthopedic surgery, St. Louis; Richard Hastings, physical medicine, Tulsa, Okla.; and Lon Huff, life care planning, Oklahoma City.

Defense experts: Calvin Johnson, orthopedic surgery, Oklahoma City; and Anthony Toppins, radiology, Dallas.