Our client, a 60-year-old cab driver, was admitted to a local hospital for the repair of a hernia. The client had polio at age 15 which resulted in a flaccid left arm. He underwent a surgical repair of the hernia followed by a second operation to evacuate a resultant hematoma. While in the recovery room, the client complained of difficulty moving his right arm following the surgery. A note in the recovery room record noted that his right arm had been malpositioned during either the surgery, transfer to the recovery room, or in the recovery room. The client’s brachial plexis, the group of nerves that run from the neck through the shoulder to innervate the arm and hand, had been stretched resulting in permanent weakness and disability to his right arm. The jury awarded him $1,000,000 for past and future pain and suffering.
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