MEDICAL NEGLIGENCE: $650,000
Case name: Walker v. Wood M.D.
Case type: Medical negligence
Case number: 06-CV-1100
Court: Rock County
Judge: James Welker
Injuries alleged: Pain, suffering and disfigurement as a result of failed breast reduction surgery.
Verdict date: March 27, 2008
Plaintiff attorney: Daniel Rottier, Habush Habush & Rottier, Madison
Defense attorney: Dr. William Wood & Zurich American Insurance Company: Barrett J. Corneille/Carley Peich-Kiesling; Wisconsin Injured Patients & Families Compensation Fund: David E. McFarlane; Blue Cross Blue Shield Blue Plus of Minnesota: Matthew S. Mayer
Plaintiff experts: Dr. David Larson, Head of Plastic Surgery Department, Medical College of Wisconsin
Defense counsel’s summary of case: In this Rock County medical negligence case, liability was conceded. The only issue at trial was reasonable compensation for pain, suffering and disfigurement arising out of breast reduction surgery on a 19-year-old female.
Past and future medical expenses were stipulated in the amounts of $55,743 and $50,000, respectively.
The unfortunate outcome from the breast reduction surgery required the plaintiff to undergo multiple reconstructive surgeries, some of which were scheduled to take place after the conclusion of the trial.
It was unknown at the time of trial whether or not the plaintiff had lost her ability to breastfeed.
In final argument plaintiff’s counsel requested a jury verdict of $1.5 million for past pain, suffering and disability and $500,000 for future pain, suffering and disability. The defense suggested a combined award of $250,000. The jury awarded $650,000.