Defense Verdict in Vascular Disease Med-Mal Case

Booker v. Boskind and Adventist Health, Multnomah County Case No. 17CV16885

Plaintiff Booker had a history of arterial occlusive disease. He had stents placed in his right leg in 2007. He was advised to quit smoking. In 2014 he had a femoral-femoral bypass surgery in which Dr. Boskind participated. Testing after his surgery continued to indicate that Mr. Booker’s lower extremity blood pressure was abnormal. However, a lower extremity arterial duplex indicated that Booker was getting blood flow through collateral circulation. Booker was having leg pain that his doctors did not believe was related to the vascular surgery but was likely due to his history of lower back issues. Mr. Booker had surgery on his lower back by a neurosurgeon in February 2015.

Booker returned to Defendant Adventist, and Dr. Boskind in April of 2015 and Boskind noted that Booker’s recent studies indicated thrombosis in the femoral-femoral bypass and the left iliac artery. Boskind again counseled Booker to quit smoking. Boskind ordered a CTA which indicated severe occlusions in the aorta, iliac arteries, and the femoral-femoral bypass. However, he still had blood flow to his lower extremities via collateral circulation.

Dr. Boskind recommended surgery to re-establish blood flow through via an axillary artery and perform a thrombectomy of the femoral-femoral bypass. On the date of Mr. Booker’s surgery, Dr. Boskind discovered an infected wound that would be in the surgical site. He advised delaying the surgery until the infected wound could heal, due to the risk of surgical wound infection. Ultimately, Mr. Booker’s wound failed to heal, but the infection was so close to the graft that the decision was made to proceed with surgery. After the surgery, Booker complained of permanent injuries to his lower extremities including left foot drop.

Booker alleged that Boskind and Adventist Health were negligent for delaying treatment and not adequately informing him of the risks and benefits of delaying treatment. He sought $1.5 Million for past and future medical expenses and $2.0 Million for non-economic damages.

Boskind and Adventist denied that they failed to meet the standard of care or that their care was a cause of Booker’s injuries.

Plaintiff’s Counsel – William Macke

Defense Counsel – Gordon Welborn

Verdict – Defense Verdict

Date – July 20, 2018

July 30, 2018

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