June 21, 2016, PNLR E-Newsletter | The American Association For Justice Archive

June 21, 2016, PNLR E-Newsletter

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Failure to timely diagnose, treat postsurgical infection

Nurse hand selecting surgical tool in operating room

The plaintiff, who ultimately required an arm amputation, sued the orthopedic surgeon who performed her carpal tunnel release, alleging failure to properly evaluate, diagnose, monitor, and supervise her condition, among other claims. The jury awarded about $1.5 million. Danko v. Conyers.

Deborah Danko, 64, underwent a right carpal tunnel release performed by orthopedic surgeon David Conyers. She later developed symptoms of infection in her upper arm, and Conyers revised the incision and sutures. Danko experienced pain, swelling, green drainage around the wound, and delayed healing over the next few months. About nine months after the surgery, Danko required amputation of her right forearm.

She sued Conyers, alleging failure to appropriately evaluate, diagnose, monitor, and supervise Danko’s medical condition; lack of informed consent; and vicarious liability for the actions of various physician assistants, nurses, and other health care providers under Conyers’s direct supervision and control. The plaintiff charged that despite her symptoms, Conyers never performed any testing to rule out infection. Suit did not claim lost income.

The jury awarded about $1.5 million.

Citation: Danko v. Conyers, No. 2014CV30542 (Colo. Dist. Ct. Boulder Cnty. Apr. 4, 2016).

Plaintiff counsel: AAJ member Jim Leventhal, AAJ member Erin C. Genullis, and Paige Singleton, all of Denver.