Jury Awards $5.6M in Screwdriver Case

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.

Wasn't that rich? Now why didn't the Walgreen's "comment section" work for that one? "CrAzY MoFo WaNtS Mo MoFeEn!"

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Here are just a few of the previous complaints he had, out of 8-9 referenced:

.Gaither v. Ricketson, (Oklahoma Co. 2002). During the time when Dr. Ricketson was taking narcotics on a regular basis, Dr. Ricketson negligently performed a delicate hip surgery which caused permanent damage that disabled an automotive body shop worker.
....
.Thacker v. Ricketson, (Garfield Co. 2000). Dr. Ricketson negligently implanted “Ray cages” in Mr. Thacker’s spine, causing bilateral foot drop and other permanent injuries.
....
.Young v. Ricketson, (Garfield Co. 1998). Medical malpractice case against Edmond spine surgeon Robert Ricketson, M.D. Dr. Ricketson severed nine of Mrs. Young's nerve roots during an arthroscopic diskectomy in July 1997. The surgery was intended to relieve the pain caused by an extruded intervertebral disc. The nerve root damage caused Mrs. Young to become partially paralyzed below the waist. A $1.3 million settlement was reached. See, Malpractice Suit Settled, Enid News & Eagle, November 25, 1998.
....
Two more suits written about, but no outcome published that I can find:
.John Kuehner, Edmond, OK - lost use of his right arm following a 1994 surgery on his neck to remove a ruptured disc, leaving him unable to work
.D Thacker, Turpin, OK -- Ricketson damaged nerve tissues near the spinal cord, after Thacker sought him out for surgery to relieve his back pain in Aug 1997. At the time, Ricketson was on probation with the medical board. Note: This is probably the Thacker listed above.
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[This next part I transcribed from a really bad HTML copy of half of an undated newspaper clipping, lol]

Under the terms of his probation, he was not allowed to receive, dispense, or administer certain controlled substances, including samples, in his office. He could do so only in a hospital or institutional setting.

He was allowed to prescribe other controlled substances only if duplicate serially numbered copies of the prescription records were kept and made readily available for review by the board upon request.

Ricketson admitted to the board that he ingested hydrocodone, a painkiller, from samples provided to him by a pharmaceutical company. He used the drugs to self-treat his chronic back pain from Jan 1997 to June 1998.

He was also required to submit biological samples for testing of prohibited substances and was not allowed to prescribe medications to family or friends. He could only take medications prescribed for him by another doctor or for other legitimate medical need.

He was to attend at least three meetings of a 12-step recovery program through the Oklahoam Physicians Resources Group or other similar program, every week during the first year of the probation period and periodic meetings of such a program after the first year.

He was also to meet with a counselor or psychiatrist for treatment until discharged from treatment with written verification to the board.

Other conditions of the 5-year probation included filing a copy of the board's order with the state in which he holds medical licenses or applies for one while keeping the board informed of his current address and financial standing.

[He had already moved to Hawaii by then.][TX revoked his license for not following the order to inform them of the order.]

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