$4.2M Verdict to Ex-College Football Player for Botched Spinal Surgery
By Dean I. Weitzman, Esq. on September 11th, 2015
A 25-year-old former football player for the University of Nevada-Las Vegas has been awarded $4.2 million in damages by a Nevada jury after it ruled that a doctor who performed spinal surgery on the victim erroneously performed his initial surgery on the wrong disc in the man’s spine.
The medical malpractice verdict for former college player Beau Orth came about five years after Orth’s errant surgery in September 2010, according to a Sept. 10 story in the UNLV Rebel Yell. The botched spinal surgery ended Orth’s football career, the paper reported.
Orth first began to suffer from pain in his lower back in 2009, the story reported. An MRI revealed that the L5-S1 disc in his spine was herniated and when the pain worsened, he chose an option for surgery. His first surgery in September 2010 was performed by Dr. Albert Capanna, according to the story. After reviewing the evidence in the case, “it was determined by the jury that Capanna mistakenly operated on a different disc – L4-L5 – than the one that was initially causing Orth’s pain,” the report continued.
Orth testified in court “that his pain only became more intense after Capanna’s initial surgery, and that everyday tasks became a painful chore,” the story reported. A month after the initial surgery, Orth was told by another surgeon that he would require a second procedure to fix the problematic original disc – L5-S2 – and to try to repair the disc that incorrectly was treated during Capanna’s first surgery, the story said. Initially, the victim’s pain subsided, but it returned within several weeks after the second surgery.
The jury ruled that “Capanna’s initial botched surgery was what caused Beau the most pain and distress,” the story reported. Orth was awarded $3.8 million for damages and another $486,000 for past and potential future medical expenses by the jury. He will have to undergo several more spinal surgeries before age 50 due to ongoing degeneration of his spine, the story reported.
These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.
That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-(866) 352-4572 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
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