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Jury Awards $5.6M in Screwdriver Case
AP via Yahoo News ^ | 03/14/06 | AP Staff

Posted on 03/14/2006 8:39:17 PM PST by kenth

HILO, Hawaii - A Circuit Court jury on Monday awarded $5.6 million to the family of a man who had the shaft of a screwdriver implanted into his spine by an orthopedic surgeon, the family's attorney announced.

Dr. Robert Ricketson had contended he acted properly when he operated on Arturo Iturralde in 2001 because two titanium rods he planned to attach to Iturralde's spine were discovered missing during the operation at Hilo Medical Center.

The stainless steel screwdriver snapped days later, and the then-73-year-old Iturralde had to have three more back surgeries as a result. He died two years later.

The jury determined Ricketson, 48, was negligent, and that the hospital was negligent for credentialing him and allowing him in the operating room, family attorney Mark S. Davis said.

Miles Takaaze, a spokesman for the Hawaii Health Systems Corp. which runs the state's 12 public hospitals, did not immediately return an after-hours call seeking comment.

Davis said earlier that Ricketson's medical license had been suspended in Oklahoma and Texas before he came to the Big Island.

Judge Glenn Hara will determine how the payment — $2.2 million to compensate the family for medical expenses and damages and $3.4 million for punitive damages — will be split between Ricketson and the hospital.

The jury suggested the hospital be found 35 percent at fault for compensatory damages, Davis said.

Davis had said that upon discovering the rods missing from a surgical kit, Ricketson used a hacksaw to cut off the screwdriver's shaft and inserted it into Iturralde to brace the spine.


TOPICS: Crime/Corruption; News/Current Events; US: Hawaii
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To: bjcintennessee

Two years of considerable pain, three more operations, and he died an early death. $5.6 million is not unreasonable. For all we know, it might be less than the hospital offered prior to trial.


21 posted on 03/14/2006 9:13:46 PM PST by connectthedots
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To: connectthedots
he died an early death. $5.6 million is not unreasonable.

The catch is he has to spend it all in one place.

22 posted on 03/14/2006 9:21:45 PM PST by Reeses
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To: kenth
clicca per ingrandire la foto ???
23 posted on 03/14/2006 9:30:08 PM PST by txroadkill
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To: txroadkill

LOL! That's where my mind was when I clicked on this article...haha!


24 posted on 03/14/2006 9:31:33 PM PST by BossLady
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To: bjcintennessee

And although I didn't read the whole thing, why does the hospital get to split part of the award?


25 posted on 03/14/2006 9:35:18 PM PST by jra
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To: jra
And although I didn't read the whole thing, why does the hospital get to split part of the award?

Though the article is somewhat unclear, I believe they mean splitting the cost with the surgeon, not the award with the estate.

26 posted on 03/14/2006 10:10:57 PM PST by Brujo (Quod volunt, credunt.)
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To: SouthTexas

How about check that he had everything he needed before he opened the guy up...

Duh...


27 posted on 03/14/2006 10:24:04 PM PST by DB (©)
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To: jra

The hospital has to split part of the cost of the award. They were found 35% responsible for the damages.


28 posted on 03/14/2006 10:27:35 PM PST by DB (©)
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To: kenth
Perhaps this is what it was supposed to look like:
29 posted on 03/14/2006 10:49:50 PM PST by KittyKares
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To: K4Harty

The Doc was negligent. Had he used a "Yankee" screwdriver his patient would have been able to do the twist better than Chubby Checker ever could.


30 posted on 03/14/2006 10:55:47 PM PST by gas0linealley
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To: mylife

Why would Davis be liable? He is the plaintiff's attorney, and wasn't even at the operation.


31 posted on 03/14/2006 11:00:05 PM PST by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: KittyKares
But it came out looking like this, a couple of days later:


X-Ray of the Screwdriver

32 posted on 03/14/2006 11:25:39 PM PST by Rte66
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To: Rte66

Ouch!


33 posted on 03/14/2006 11:28:56 PM PST by KittyKares
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
this doc didnt know the rules you can only build a human spine out of a screwdriver and a hacksaw if your last name is Macgyver geesh i thought everyone knew that this is actually one of the rare multi million dollar lawsuits that have merit.

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

34 posted on 03/14/2006 11:30:54 PM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Rte66
Two problems with that x-ray that make it a weak construct.

1. There should be four screw, one in each pedicle with two rods.

2. There doesn't appear to be any graft material.

The screws and rods will not last forever they get metal fatigue. The graft material grows to form a fusion. If he had two screwdrivers he might have gotten away with it.
35 posted on 03/15/2006 12:36:52 AM PST by pterional
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To: jra

They get to pay, not receive.


36 posted on 03/15/2006 12:53:08 AM PST by Ursus arctos horribilis
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To: KittyKares
Damn, pic gives me memory shakes, I had to have four levels of the lumbar did up as such. Totally unpleasant during and painful since, but at least I can now function somewhat normal, before surgery could not.
37 posted on 03/15/2006 12:57:12 AM PST by Ursus arctos horribilis
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To: kenth

I know someone who just went in for an operation. The had her under anesthesia when they discovered one of the machines they needed for the operation was out of order. At least they discovered the problem before they started cutting. She had to go back the next week. There's absolutely no excuse for things like this happening.


38 posted on 03/15/2006 1:05:46 AM PST by Fresh Wind (Democrats are guilty of whatever they scream the loudest about.)
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To: martin_fierro

A mechanic was removing a cylinder head from the motor of a Harley motorcycle when he spotted a well-known heart surgeon in his shop. The surgeon was there waiting for the service manager to come take a look at his bike when the mechanic shouted across the garage, "Hey, Doc, can I ask you a question?"

The surgeon, a bit surprised, walked over to where the mechanic was working on the motorcycle. The mechanic straightened up, wiped his hands on a rag, and asked, "So, Doc, look at this engine. I open its heart, take valves out, fix 'em, put 'em back in, and when I finish, it works just like new. So how come I get such a small salary and you get the really big bucks, when you and I are doing basically the same work?"

The surgeon paused, smiled, leaned over, and whispered to the mechanic, "Try doing it with the engine running."


39 posted on 03/15/2006 1:15:52 AM PST by JoeSixPack1
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To: JoeSixPack1

Bwahahahaha ... laughing so hard here, over an anecdote in one of the stories I found about Dr. Ricketson.

I was looking for info on the other cases in OK and TX that got him his license revoked. I found him written up in an Oklahoma City news article about drug abuse and addiction, but it was another part of the article that made me LMAO.

~~~
That same year [1998], Dr. Robert Ricketson issued medical orders while under the influence of Lortab, board records show. An anesthesiologist refused those orders because they could have worsened a patient's heart problem.

Ricketson's license also was revoked.
....
[Here's the funny part]

In another memorable case, Duncan said, a doctor received a phone call from a pharmacist trying to confirm a suspicious prescription for morphine.

"The doctor said, 'Well, I'm a pediatrician. I don't prescribe morphine. How did you know it was a fake?'" Duncan said.

"And the pharmacist said, 'It's for M-O-F-E-E-N, and it says: One kilo. Use as needed.'"
~~~~~


40 posted on 03/15/2006 1:50:37 AM PST by Rte66
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