$744,000

Our client was a 16-year-old athlete who hurt his shoulder in his high school wrestling match. Two days later it was still bothering him, so his father took him to the defendant orthopedic physician. An MRI was ordered. The radiologist reading the MRI documented “a low-grade (grade 1) acromioclavicular joint separation.” The standard of care for treating a low-grade A/C joint separation is rest, ice, and—at most—a sling for a few days, especially in a skeletally immature teenager. The defendant physician, however, had other ideas: he performed a “Mumford procedure,” which is the surgical resection of the distal end of the right clavicle. We alleged that the surgery was unwarranted and, thus, negligent. The procedure left the 16-year-old with extensive scar tissue due to his skeletal immaturity, scar tissue that all the experts agreed would cause him pain, discomfort and reduced mobility for the remainder of his life. The case was tried in South Bend. The jury returned a verdict in favor of our client for $744,000.