Plaintiff: I could 'see the bone' (CMT)

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Plaintiff: I could 'see the bone'

Man (with CMT) suing Finley testifies the frame on his leg was

loose, a possible sign of infection

http://www.thonline.com/article.cfm?id=183337

By Ryno

Day, of Dubuque, testified that before an appointment with

podiatrist Dr. Arnz in August 2004, a circular frame that

the doctor attached to his lower tibia in July was moving. He said

it moved about an " inch to an inch and a half " every time he walked,

making a hole around a pin fastened to his tibia so large that he

could " see the bone. "

Day's testimony came Monday during the fifth day of an anticipated

15-day medical negligence trial.

Day seeks monetary damages from The Finley Hospital, alleging it was

negligent in granting staff privileges to Arnz. Arnz is no longer a

party to the lawsuit after agreeing to a confidential settlement.

On Friday, Dr. Jerrold Dreyer, of California, a specialist in

infectious diseases, testified that a moving frame indicated it was

50 percent likely that a bone infection was present. Dreyer said it

was at that point that Arnz should have consulted someone else or

taken a different course of action.

The circular frame was installed in order to correct a deformity of

Day's right foot caused by Charcot-Marie-Tooth disease, a genetic

disorder affecting the nervous system.

According to Day, because of complications from a bone infection

caused by surgery, he is no longer able to work as a food salesman

or a cook.

During a cross-examination Monday of Dr. Norman Latov, a

neurosurgeon from Cornell University specializing in CMT, Finley

lawyers used medical records to show how Day's CMT was progressing

and might be the cause of his current disability.

When questioned by the plaintiffs, Latov, who examined Day, said

Day's current disability status is " the result of complications due

to surgery. "

When Day took the stand for the majority of Monday's jury trial,

much of his testimony centered around a doctor appointment scheduled

because of his moving circular frame.

For weeks leading up to the August appointment, Day said a green,

thick bodily fluid was consistently oozing from two pin sites in his

leg, and consistently Arnz told him that was a not uncommon symptom

following surgery. In some cases, Arnz noted there was no drainage

though Day claimed there was. During testimony, Day said a nurse

always cleaned fluid away from his two leaking pin sites before the

doctor saw him.

The plaintiffs also raised the possibility of further bacterial

infection under the care of Arnz. During the same doctor appointment

in August, Day said, the structure broke and moved more than normal,

causing Arnz to use an unsterilized socket wrench to replace a bolt,

which was about four inches above his wound. On the trip home, Day

said, he had to refasten the same bolt after it fell off in his car.

As Day's alleged symptoms persisted, he claimed that he " still had

faith in Dr. Arnz, " because he was under the impression Arnz was

employed by Finley.

Day's attorney, S. White showed the court a pre-surgery

consent form, marked with the hospital's logo and signed by Day,

which authorized Arnz and " Finley staff " to take part in a surgery.

In addition, Day said, nobody was in the room when he signed the

form to explain the relationship between Arnz and Finley.

White will continue questioning Day today, and cross-examination of

Day could occur later today.