Christine Abrams, a respiratory therapist, injured her left forearm while attempting to restrain a large patient. Despite prompt treatment and physical therapy, her arm failed to improve and degenerated to a painful condition known as reflex sympathetic dystrophy (RSD). When conservative treatments failed, Mrs. Abrams sought the services of Robert D. Williams, M.D., a cardiothoracic surgeon, to perform a video-assisted thoracic surgery (VATS) sympathectomy to interrupt the pain signals traveling to her arm and hand. The sympathectomy was successful in resolving Mrs. Abrams' pain as a result of the RSD, however while performing the surgery the physician traveled beyond the operative field and removed a section of Mrs. Abrams' thoracic and cervical nerve roots. As a result of severing these nerve roots, she was left with permanent dysfunction of her left arm and hand. Subsequent surgeries to repair the damage were unsuccessful and, as a result of the nerve root damage, Mrs. Abrams was 100% occupationally disabled.
The case was tried by Lynn Johnson and John Parisi to a jury in Jackson County, Missouri before the Honorable Jon R. Gray. Pat Hamilton conducted the pretrial discovery. Following an eight-day trial, the jury returned a verdict in favor of Christine Abrams and her husband Keith in the amount of $3.2 million dollars. The jury awarded Mrs. Abrams $2.7 million, including $2.1 million for future economic and non-economic damages. Mr. Abrams was awarded $500,000 for his loss of consortium claim, including $400,000 in future economic and non-economic damages.
The Court denied the defendant's motion for a new trial. Pursuant to R.S.Mo. 538.220, the Court granted the defendant's motion that the future damages portion of the verdict be made in periodic payments over the next twenty years. An appeal is expected.
