Michigan Verdicts
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Verdict-Defendant
State:
Michigan
Venue:
Oakland County
Court:
Oakland County, Circuit Court
Injury Type(s):
knee-fracture, knee;
knee-fracture, patella;
surgeries/treatment-knee surgery
Case Type:
Medical Malpractice – Negligent Treatment
Case Name:
Donelda Taylor v. Zubair Fayyaz, William Beaumont Hospital and Beaumont Health & Wellness Center,
No. 2017-157104-NH
Date:
July 12, 2018
Plaintiff(s):
Donelda Taylor (Female, 69 Years)
Plaintiff Attorney(s):
Andrija Dragovic;
Sommers Schwartz, PC;
Southfield,
MI,
for
Donelda Taylor
Plaintiff Expert(s):
Robert Corn; M.D.; Orthopedics; Mayfield Heights,
OH called by:
Andrija Dragovic ■ Elizabeth Rajdl; MPT; Physical Therapy; Wixom,
MI called by:
Andrija Dragovic
Defendant(s):
Zubair Fayyaz,
William Beaumont Hospital,
Beaumont Health & Wellness Center
Defense Attorney(s):
Elizabeth A. Pyden;
Saurbier Law Firm;
St. Clair Shores,
MI,
for
Zubair Fayyaz, William Beaumont Hospital, Beaumont Health & Wellness Center ■ Ashley A. Attisha;
Saurbier Law Firm;
St. Clair Shores,
MI,
for
Zubair Fayyaz, William Beaumont Hospital, Beaumont Health & Wellness Center
On Aug. 28, 2014, plaintiff Donelda Taylor, 69, a retiree, was a patient of physical therapist Zubair Fayyaz. Taylor fractured her knee during a physical therapy session. Taylor sued Fayyaz, as well as William Beaumont Hospital and Beaumont Health & Wellness Center, alleging violations in the standard of care. Taylor alleged that Fayyaz was acting as an agent of the William Beaumont Hospital and Beaumont Health & Wellness Center at the time of the injury. Taylor had undergone a total knee replacement on July 29, 2014. She began physical therapy with Fayyaz on Aug. 4, 2014. Taylor had completed 12 visits with Fayyaz when she fractured her patella while doing BOSU ball lunges. Taylor alleged that Fayyaz was negligent in initiating overly aggressive therapy, which she said caused the fracture. The defense denied the allegations. The defense contended that a patellar break following total knee replacement was a rare, but recognized, complication of the surgery and that the patella can break in the absence of any negligence. Further, the defense asserted that the ligaments in Taylor’s knee were not properly balanced and any bending movement could have caused the patella to break.
Taylor suffered a fractured patella during physical therapy following a total knee replacement. She required a surgical repair, which was not fully successful. A revision surgery was undertaken two years later, with limited success. Taylor sought damages for pain and suffering. The defense did not dispute the injury, but contended that the fracture occurred in the absence of any negligence on Fayyaz’s part. Case evaluation was $150,000, which Taylor accepted and defendants rejected.
The jury rendered a defense verdict.
Judge:
Leo Bowman
Demand:
$300,000
Offer:
Less than $50,000
Trial Length:
5
days
Trial Deliberations:
2
hours
Jury Vote:
6-1
This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to a request for comment.