Law Blog

Man Injured At Work Site

A Phoenix jury awarded $7.3 million yesterday to a Sacramento construction worker who injured himself falling into a Pacific Gas and Electric Co. utility trench in Dixon.

After a four-week trial in Phoenix Superior Court, the jury voted unanimously in favor of David and Doreen Stringer of Sacramento, and allocated 65 percent of the damages liability to PG&E; and 35 percent to Hal Porter Homes, the general contractor on the project.

Stringer’s attorney, Roger Dreyer of Sacramento, argued that PG&E; was at fault because the company failed to place caution tape around the 3-foot-deep trench or fill it in in a timely manner.

Stringer, a framing subcontractor on a housing subdivision project, fell into the trench on May 20, 1996, suffering spinal injuries that required four operations. He has been unemployed since the accident.

FDA Status of a Medical Device Does Not Need To Be Disclosed Under Informed Consent Rules

March 2, 2017August 24, 2018

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| Legal & Injury Awareness

Informed Consent Rules

The doctrine of informed consent did not require the defendant surgeon to disclose to the plaintiff spinal-fusion patient that the pedicle screws used by the surgeon were not approved for use in the lumbar spine.

Edward Blazoski, a 67-year-old male suffered from spondylolis-thesis. He underwent spinal fusion surgery at the L-4/5 level in 1975 and at the L-3/4 level in 1980. In 1990, after Blazoski injured his back at work, he was examined by the surgeon who had performed the first spinal fusion. This examination revealed a herniation at the L-2/3 level. Blazoski was referred to Dr. Steven Cook, an orthopedic surgeon who specializes in spinal surgery. Cook recommended “revision lumbar laminectomy, fusion, and internal fixation.” Blazoski signed an informed consent form, which contained a physician’s certification that stated that Cook had discussed common risks, the nature and purposes of the procedure, and possible alternative treatments. Blazoski’s signature acknowledged that he had read the physician’s certification, that he and Cook had discussed the topics mentioned in the certification, and that he had been given the opportunity to ask questions.

Cook performed the surgery on November 20, 1990. During surgery, Cook discovered a “nonunion” at the L-3/4 level, and he decided to use an internal fixation device. Therefore, after performing the laminectomies, he inserted pedicle screws at L-2 and L-4, added connecting rods, and secured this apparatus with locking nuts to hold the vertebrae in place. Later, Blazoski experienced pain and spasm in his back after the surgery and “felt metal in his back moving.” Examination revealed that one of the locking nuts had come loose from a pedicle screw and that there was movement in the fixation device at the L-3/4 level. Blazoski underwent additional surgery to remove the fixation device.

Informed Consent Rules

Blazoski brought a medical malpractice action against Cook and others. Before trial, Cook admitted that the federal Food and Drug Administration classified “pedicle screw systems” as Class III “experimental devices of unproven safety and efficacy” at the time of Blazoski’s surgery. Cook also admitted that he knew that the FDA had approved pedicle screws for use only in the sacrum and that the few hospitals that were approved to experiment with pedicle screws in a patient’s pedicle were required to use an informed consent form that revealed that the device was experimental.

When the case closed, Blazoski moved for a directed verdict on liability. He argued that he had not given informed consent because Cook had not revealed that the FDA had not approved the use of pedicle screws. Blazoski also argued that he was entitled to a directed verdict because Cook had not revealed the specific risks that the screws or rods might break or that there could be damage to bones, nerves, or blood vessels. The jury returned a no cause verdict in favor of Cook and the Appellate Division affirmed, holding that the doctrine of informed consent did not require Cook to disclose the FDA regulatory status of the pedicle screws to Blazoski.

County Settles Suit With Crash Victim; Sheriff’s Patrol Car Ran Red Light; Man Suffered Back Injury

September 6, 2016August 24, 2018

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| Health Injury Law

Man Suffered Back Injury

County government officials have agreed to pay $100,000 to a former Marine who suffered a spinal injury after his car was struck by a sheriff’s patrol car that ran a red light while responding to a call in September 1997.

The payment, which was approved by county supervisors yesterday, settles a civil lawsuit filed against the county by Ronald LeFlore, 25.

LeFlore had been working a second job as a pizza deliveryman the night of the accident. His back injury cut short his plans for a Marine Corps career and he received a medical discharge from the military, said LeFlore’s attorney, David R. Miller.

Assistant County Counsel Diane Bardsley said sheriff’s Deputy Ronald Halstead was responding to a call for assistance without his lights or siren on when he drove through a red light at a Vista intersection. Halstead braked and his car skidded into LeFlore’s vehicle.

LeFlore suffered a disc bulge as a result of the crash, Bardsley said.

The county originally rejected a claim filed by LeFlore. But the Board of Supervisors agreed in closed session to settle the case because it involved “probable liability,” and the settlement was for an amount far less than the damages being sought, Bardsley said.

LeFlore, who now lives in Georgia and works for a job-placement agency, recently learned he will not require surgery, Miller said. He still suffers from lower back pain.

Sheriff’s Department spokesman Ron Reina said he could not say whether Halstead was disciplined as a result of the traffic accident because it was a personnel matter.