Professional Negligence Law Reporter

Doe, 55, underwent surgery to repair a ruptured tendon in his right bicep. After the procedure, he complained to Roe surgeon that he had numbness and tingling and could not feel his right hand. Roe ordered an X-ray and allegedly told Doe that a nerve had been irritated during the surgery but that this would improve in time.

Several weeks later, Doe consulted a hand surgeon and underwent exploratory surgery, which revealed that the metal “button” used to anchor Doe’s tendon to the bone had entrapped the posterior interosseous nerve (PIN). Although the button was removed, Doe suffered permanent nerve damage, resulting in permanent pain and numbness as well as lost functioning in his right hand. An accomplished piano player, Doe is now unable to continue this hobby.

Doe sued Roe, alleging he negligently performed the surgery and failed to timely diagnose and treat the PIN injury. Suit did not claim lost income.

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

The parties settled before trial for $500,000.

Citation: Doe v. Roe Surgeon, Confidential Dkt. No. (Confidential Jxn. and Ct. Apr. 30, 2020).

Plaintiff counsel: AAJ member Benjamin R. Zimmermann, Boston.