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The Amazing Disappearing Man

I once settled a medical malpractice case about 10 years ago on the eve of trial.  I was really looking forward to giving my closing argument and it was going to go something like this.  Ladies and gentlemen of the jury, when Don and his wife used to dance together, she would rest her arm on his shoulder.  Now when they dance, she places her arm on the top of his head – what type of medical malpractice could cause this to happen?

Don was born with osteogenesis imperfecta.  It’s a disease in which a person’s bones are brittle.  Don suffered many fractures during his early childhood but he grew out of it and didn’t have a broken bone for over 20 years.  One day, Don went to visit his doctor because he was having problems with his lungs.  He told the doctor about his previous history of osteogenesis imperfecta.  It is not known to many people but it is known to doctors that when you have this condition, it is contraindicated to prescribe steroids.  The steroids can aggravate the symptoms and cause excessive bone damage.  Don’s doctor ignored his history.  He later testified that he had forgotten about it – and prescribed steroid medication.  The result was catastrophic.  Why would my closing argument tell the story about Don and his wife dancing?

As a result of being given the steroids, Don sustained over a dozen fractures including several to his vertebrae.  The compressed vertebrae caused him to lose over 5 inches in height.  Don, who had been 6’1” was now 5’8”.  What better way to show a jury the affect this injury had on Don’s life than to paint a picture of he and his wife on the dance floor. Before the injury, her arm rested on his shoulder – now it was placed on the top of his head.            Stephen M. Karp, Esquire