Knee Replacement Medical Malpractice Case

Bandonis v. Alfred Brooke Benz MD and Providence Health & Services – Oregon, Multnomah County Case No. 15CV01511

Plaintiff Bandonis had a long history of problems with her right knee.  She consulted with Defendant Dr. Benz to get a total knee replacement surgery.  They scheduled the surgery for February 1, 2013.  On that day Bandonis was sedated, catheterized and prepared for surgery when Dr. Benz discovered that Bandonis had a nickel allergy noted on the surgical grease board.  Benz canceled the operation because the replacement knee had nickel components.  Surgery was re-scheduled for March 1, 2013.  A new prosthetic knee was ordered.  On that day Bandonis underwent the same pre-surgical procedures as she had the first time before Dr. Benz discovered that the surgical representatives from the prosthesis manufacturer had again brought the standard device which contained nickel.  The surgery was canceled for the second time.  This time Ms. Bandonis had to be given medication for anxiety before being released.  The surgery was again re-scheduled.  On March 7, 2013, Dr. Benz performed the knee replacement surgery.  Bandonis alleged that she suffered from irritation and swelling after the surgery and a second-opinion orthopedist advised her that the installed knee contained nickel.   She claimed that Dr. Benz was negligent for failing to properly note her nickel allergy, failing to properly procure the appropriate prosthesis, unnecessarily exposing Bandonis anesthetic, unnecessarily catheterizing Bandonis and for installing a knee with nickel components. She sought $125,000 for past and future medical expenses and $450,000 for non-economic damages.

Defendant, Dr. Benz, denied the negligence allegations and asserted a “fault of others” affirmative defense alleging that Bandonis’ damages were the result of negligence by the medical device supplier.

Bandonis settled with Providence before trial.

Plaintiff’s Counsel – Ralph Rayburn

Defense Counsel – James Dumas

Verdict – Defense Verdict

Date – November 18, 2016

December 1, 2016

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