A now-deceased orthopedic physician performed a shoulder surgery on a 16-year-old boy. It resulted in pain that will stay with him for the rest of his life.
SOUTH BEND, Ind. -- A jury in the St. Joseph Superior Court ordered Dean and Tracy Dixon to be paid $744,000 after an orthopedic surgeon performed an unnecessary shoulder surgery on their teenage son.
The South Bend Tribune reported the Dixons filed a lawsuit against Dr. Willard G. Yergler in June 2015, claiming Yergler's surgery left their 16-year-old son with pain he will suffer for the rest of his life.
Yergler was a physician at South Bend Orthopaedics, and was the orthopedic surgeon for the University of Notre Dame's football team for 36 years. He died in 2016.
The Dixons' son suffered a shoulder injury in January of 2012, and went to South Bend Orthopaedics to get it checked out. The boy did not initially receive any treatment, and continued to complain of complain in a follow-up appointment in April. That is when Yergler suggested the Mumford procedure--an operation involving removing the end of the clavicle.
The Dixons' lawyer, Nathan Miller, argued Yergler failed to mention less invasive treatment options. Miller claimed Yergler told the family their options were to either do the surgery or live with pain.
A three-person review panel made up of orthopedic physicians appeared in court. The panel agreed they each would have taken a more conservative approach prior to surgery to treat the injury.
Edward Chapleau, the defense lawyer, argued just because those doctors chose other methods does not mean Yergler's choice was malpractice.
Chapleau did not say whether he plans to file a appeal, but if he doesn't, Yergler's malpractice insurance will soon pay the Dixons $250,000. The rest of the award would be dispersed quarterly from the Indiana Department of Insurance's Patient Compensation Fund.
Miller asked for $10,000 per year for 62 years. The jury's award is equivalent to $12,000 per year for 62 years.
