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Professional Negligence Law Reporter

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Negligent Treatment of Fractured Arm

November/December 2019

Sousa v. Prosser, No. 2007-6655 (La. Dist. Ct. Orleans Parish Aug. 22, 2019).

Doe, 2, was taken to a children’s hospital after suffering a fall. Pediatric resident James Prosser set Doe’s fractured right arm and placed a cast on the arm. Later that day, Doe returned to the hospital, where a physician examined him and again discharged him. Doe’s parents took him back to the facility a third time, and staff removed the child’s cast. This led to a diagnosis of compartment syndrome and Volkmann’s ischemic contracture. Now 19, Doe has a deformed and shortened right arm, scarring, and lost function in two of his fingers.

Doe’s father, individually and on Doe’s behalf, and Doe’s mother, individually, sued Prosser and the hospital, under a respondeat superior theory, alleging that Prosser had negligently manipulated Doe’s bone, which led to swelling. The plaintiffs also alleged that the physician had fitted Doe with a substandard cast that, because it went too far up his arm, restricted his blood flow.

The jury awarded $10 million.

Plaintiff counsel: Sherif Sakla, Stephanie C. Reuther, AAJ member T. Carey Wicker, and AAJ member J. Alex Watkins, all of New Orleans.