Settlement reached in Dane County medical malpractice case

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An $831,474.84 settlement has been reached in a medical malpractice case in Dane County.

The case involves a 41-year old woman who went to her doctor for a small mass in her armpit. She was referred to a general surgeon at Meriter Hospital, who operated on the mass.

According to court documents, the surgeon failed to identify that the mass was a schwannoma, or nerve tumor, before removing it. In removing the mass, the surgeon completely cut in three places the median nerve, which provides critical motor and sensory function to the forearm and hand. Subsequent surgery allowed the plaintiff to regain some motor function but she still has a complete loss of sensation.

The plaintiff’s attorneys from Habush Habush & Rotter argued in their negligence theory that the general surgeon deviated from the standard of care in removing the schwannoma and causing the injury. He should have identified that the mass was connected to the median nerve, medial cord, and lateral cord of the brachial plexus. Instead of removing the mass along with the brachial plexus nerves, he should have stopped and then consulted a specialist to correctly remove the schwannoma.

The defendants — represented by Corneille Law Group and Bell Moore & Richter — argued the large size of the mass pushed the nerves and other structures out of their normal anatomic alignment. The mass also stretched the nerve fibers, thinning them out such that they easily became divided through no negligence on the part of the surgeon.

The court and Judge Valerie Bailey-Rihn denied the defense motion to strike plaintiffs’ rebuttal pathology expert, who discovered normal nerve tissue on the pathological specimen, which contradicted defense experts’ theory that there was a single cut with complete retraction of the nerve fibers.

Settlement amount: $831,474.84

Date of resolution: Aug. 6, 2021

County: Dane

Case name: Tracy J. Zuehlke et al vs. Injured Patients and Families Compensation Fund et al

Case type: Medical malpractice

Case number: 19-CV-482

Judge: Valerie Bailey-Rihn

Plaintiff’s lawyers: Eric Ryberg, James Fergal, Jason Knutson — Habush Habush & Rotter S.C., Madison

Defendant’s lawyers: Mark Budzinski, Brian Bultman — Corneille Law Group LLC, Green Bay; Ann Emmerich — Bell Moore & Richter LLC, Madison