Motherway & Napleton Blog

$4 Million Dollar Award in Medical Malpractice Case

After a total left knee replacement on April 29, 2009, the plaintiff, a 59 year old woman began exhibiting subtle signs of compartment syndrome.  The defendant hospital diagnosed foot drop and potential nerve damage as possible explanation of her symptom complex.  On post-operative day three, the orthopedic nurse documented the plaintiff could no longer wiggle her toes and her leg was now “hard.”  The nursing staff did not contact a physician for 19 hours until the morning of May 3, 2009.  The physicians on call through the vascular service were eventually consulted on May 3, 2009 and an emergency fasciotomy was performed.  Plaintiff contended the leg was salvageable if the fasciotomy was done on the evening of May 2, 2009.  On February 5, 2014 Judge Eileen Burke approved a $4,000,000.00 settlement.  Don M. Sowers and Robert J. Napleton represented the plaintiff.  This case is Grusak v. Rush Medical Center, 11 L 4349.