Quadricep Tendon Tear (right Knee) 2 Years Ago

[Kajetan]

Mr. Schoder,

My name is Cheryl English, I am 44 years old and could use your professional opinion. I will make this as brief as possible although it has been a hard, long ordeal for 2 years, since my injury. I am a minister and while attending a women's retreat in October 2006, I began leaping up and down as a result of overwhelming joy and I felt something in my right knee pull apart and I landed on the floor in enormous pain. I had surgery one week later to repair vastus intermedius tendon. I was allowed to go home the same day. I got severe pain and burning immediately and even with 800mg of ibuprofen and hydrocodone prescribed for me, I was still in pain. I have made no recovery after physical therapy and seeing over 10 doctors for help. After a nerve conduction test about a month and half after my surgery, I am told I have severe femoral nerve damage. I still feel the same pain, burning and heaviness in knee and thigh area as if I just had the surgery. A doctor who works for the NFL just consulted with my husband and I and shared what no other doctor would share and that is that he believes the pneumatic tourniquet is the reason for femoral nerve damage and that he has never seen anything like I am dealing with. Stiffness is also a big problem for me. I am only bending at about 45 degrees today, but had a 0 degree range about 2 months after surgery. Clothes touching my thigh or knee are a big irritant and causes burning even more. I would like to know from you if you believe I have a legal chance in the courtroom to prove that the surgeon has provided negative medical help for me? The surgeon told me I would be back at work in 6-8 weeks. It has been two years as of 11-7-08.

Thanks you very much, Mr. Schoder. God bless you for what you do.

[Chayne]

Your biggest problem is going to be time. The usual statute of limitations for a malpractice case is one year after 'you knew or should have known' that malpractice occurred. Wiley lawyers can overcome this sometimes.

I think it is more likely that the surgery itself is the cause of the femoral nerve injury, but that is something experts will argue about if you go to trial. Repairing the meniscus should not have injured the nerve, actually a branch if the femoral nerve. But something went wrong. Maybe the tourniquet, or maybe pressure from a retractor at the site of the surgery. Or even pressure from an instrument. Contusions of nerves often result in serious injury. The  burning pain is a definite sign of nerve injury and apparently you have tests run that also determine nerve injury. That is too bad because nerves do not repair as easily as other tissues. You can hope that a really good neurosurgeon can make a repair, but two years?

But see a lawyer. Ask your local Bar Association for a list of plaintiff's malpractice lawyers. The Yellow Pages for large cities often list them separately. You have good cause to file a lawsuit if you can overcome the statute. Do not give up too easily.

[Addaneye]

Mr. Schoder,

My name is Cheryl English, I am 44 years old and could use your professional opinion. I will make this as brief as possible although it has been a hard, long ordeal for 2 years, since my injury. I am a minister and while attending a women's retreat in October 2006, I began leaping up and down as a result of overwhelming joy and I felt something in my right knee pull apart and I landed on the floor in enormous pain. I had surgery one week later to repair vastus intermedius tendon. I was allowed to go home the same day. I got severe pain and burning immediately and even with 800mg of ibuprofen and hydrocodone prescribed for me, I was still in pain. I have made no recovery after physical therapy and seeing over 10 doctors for help. After a nerve conduction test about a month and half after my surgery, I am told I have severe femoral nerve damage. I still feel the same pain, burning and heaviness in knee and thigh area as if I just had the surgery. A doctor who works for the NFL just consulted with my husband and I and shared what no other doctor would share and that is that he believes the pneumatic tourniquet is the reason for femoral nerve damage and that he has never seen anything like I am dealing with. Stiffness is also a big problem for me. I am only bending at about 45 degrees today, but had a 0 degree range about 2 months after surgery. Clothes touching my thigh or knee are a big irritant and causes burning even more. I would like to know from you if you believe I have a legal chance in the courtroom to prove that the surgeon has provided negative medical help for me? The surgeon told me I would be back at work in 6-8 weeks. It has been two years as of 11-7-08.

Thanks you very much, Mr. Schoder. God bless you for what you do.