Plaintiff Alleged Doctor Cut Sensory Nerve During Surgery in Medical Malpractice Lawsuit

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Levine claimed that as a result of Hanson’s negligence, she sustained nerve damage from the kinking and a small sensory nerve was cut, both of which required a second surgery. The second surgery reduced her pain, but she has a diminished grip. She claimed that her injuries, including grip loss, were permanent and non-operable.


On March 28, 2008, plaintiff Kimberly Levine, 31, a human resources supervisor, underwent an ulnar nerve transposition performed by Dr. Allan Hanson. Levine had a long history of shoulder and arm weakness. She had a work up completed through doctors and then returned to Hanson for the surgical consultation. Hanson had given Levine cortisone injections, which did relieve symptoms, and he recommended surgery on her shoulder and right, dominant elbow.

After the ulnar nerve transposition, Levine immediately became more symptomatic. She had outpatient therapy with no relief. She then switched health insurance and the subsequent orthopedist noted immediately that the incision scar was suspect for full release and advised reoperation, which was performed.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Levine sued Hanson, alleging a surgical error during the first procedure.

Plaintiff’s counsel contended that the second surgery showed a small sensory nerve cut and that the previous release was not enough to free the ulnar nerve, causing kinking.

Plaintiff’s expert testified that there was no evidence of a full release seen during the second surgery.

Defense counsel contended that the nerve cut was incidental, that there was a full release and that there was no scar tissue observed in the second surgery due to lack of blood supply in the area.

Plaintiff’s counsel contended that during deposition, Hanson testified that he had intentionally cut a superficial nerve to perform the procedure but he testified at trial that the laceration was inadvertent.
RESULT: Verdict-Plaintiff
Award Total: $366,910

The jury found for Levine and awarded her $366,910.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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