Professional Negligence Law Reporter

Margaret Hunter, a 51-year-old laborer, fell approximately eight feet while descending a ladder, landing on her left foot. She went to Family Care Centers, where physician Pete Obeng ordered X-rays of Hunter’s left ankle. Radiologist Richard Kennedy interpreted the X-rays and reported that there was no underlying fracture. Obeng diagnosed an ankle sprain and prescribed ibuprofen, crutches, and an ankle brace. At a follow-up visit, he advised Hunter to start applying weight when using her crutches.

Eleven days later, Hunter returned to Obeng and asked for additional X-rays. Before these findings were returned, however, Obeng instructed Hunter that she was free to return to work up to eight hours per day and walk up to one hour per day. He also referred Hunter for physical therapy. Kennedy then interpreted the second set of films and reported the presence of an impacted fracture. Obeng notified Hunter that her foot was fractured.

Hunter subsequently went to a hospital emergency room after experiencing significant pain. There, testing revealed a calcaneal fracture with impaction. Hunter will face a difficult surgery in the future as her posttraumatic arthritis worsens.

She and her husband sued Kennedy, Obeng, and their employers. The plaintiffs asserted that Kennedy had overlooked the calcaneal fracture on the first set of X-rays, preventing Hunter from receiving a timely diagnosis and treatment to reduce her swelling so that she could undergo timely surgery. The plaintiffs also alleged that Obeng had failed to perform a proper physical examination during the office visits, failed to provide proper clinical information to Kennedy, and failed to order a CT scan and refer Hunter to an orthopedist after learning of her fracture.

The jury awarded $1.17 million, including $520,000 for future lost earnings.

Citation: Hunter v. Kennedy, No. 3:17-cv-00007 (M.D. Pa. Jan. 19, 2022).

Plaintiff counsel: AAJ member Thomas J. Foley Jr., Scranton, Pa.