Professional Negligence Law Reporter

Kenney v. Kump, No. CL18002649 (Va. Cir. Ct. Richmond City July 12, 2019).

After suffering a fractured left leg in a motorcycle crash, Dwayne Kenney underwent open reduction and internal fixation surgery performed by orthopedic surgeon Cyrus Kump II. Kenney suffered complications and, suspecting an infection, Kump removed the plate and screws approximately three months later. During the procedure, Kump was unable to close the skin over Kenney’s exposed tibia; nevertheless, the physician ordered only dressing changes for the next four weeks. Six months later, a plastic surgeon attempted to cover Kenney’s exposed bone. Kenney contracted MRSA osteomyelitis, however, and the procedure failed in less than two weeks. Several months later, he required a leg amputation. Kenney sued Kump and his practice, alleging Kump failed to place an external fixator to stabilize the fractured tibia during the second surgery and failed to timely consult a plastic surgeon to address the exposed tibia within five days of the procedure.

The jury awarded $4.5 million.

Plaintiff counsel: AAJ members Travis W. Markley and Richard L. Nagle, both of Reston, Va.

Plaintiff experts: Anthony DiStasio II, orthopedic surgery, Norfolk, Va.; John Hall, orthopedic surgery, Charlottesville, Va.; and Nancy Bond, life care planning, Millersville, Md.

Defense experts: Mark Gage, orthopedic surgery, Durham, N.C.; Thomas Carrico, plastic surgery, Kitty Hawk, N.C.; Gary Simon, infectious disease, Washington, D.C.; and William Conrad, radiology, Richmond, Va.