Shoulder Nerve Injury Results in Large Award for Plaintiff

The plaintiff, Bruce White from Spartanburg, South Carolina, injured his right shoulder while working as a petroleum trucker. He underwent a shoulder surgery by a local orthopedic surgeon, which was not successful. So he sought further treatment from the defendant, Richard Hawkins, M.D. of Stedman Hawkins Clinic of the Carolinas. Doctor Hawkins, a world-renowned shoulder surgeon, recommended a second surgery that was performed on Mr. White in August of 2004. Mr. White received no relief from the surgery and underwent a third surgery on October 7, 2004. This procedure was performed by the defendant Michael Kissenberth, M.D. The operative note indicated that Defendant Kissenberth visualized the axillary nerve during the procedure. After the procedure, Mr. White experience persistent pain that required significant narcotic medication. Following a fourth surgery, Mr. White had a little relief from the pain, but remained unable to work because of the dysfunctional condition of his shoulder.

The alleged injuries were axillary nerve damage in the shoulder, resulting in persistent pain and dysfunction. Mr. White was unable to return to work and took significant narcotic medication to control his pain. Mrs. White, claimed loss of consortium.

On October 27, 2009, a verdict of $1,603,175 against Defendants Hawkins and Stedman Hawkins Clinic was released to the plaintiff. $500,000 was also awarded to Mrs. White for loss of consortium.