Just Verdicts Podcast Episode #53

Delayed Diagnosis of Compartment Syndrome

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A Fight for Justice: How One Philadelphia Attorney Secured a $25.9 Million Verdict

Guest Attorney: Jordan Strokovsky

In a recent episode of the Just Verdicts podcast, host Brendan Lupetin sat down with Philadelphia trial attorney Jordan Strokovsky to discuss the incredible story behind a $25.9 million medical malpractice verdict in the case of Eddie Parks v. Temple University Hospital. The conversation delves into the legal strategies, emotional challenges, and personal convictions that led to this monumental victory.

The Just Verdicts podcast, hosted by attorney Brendan Lupetin, delves into compelling medical malpractice, medical negligence, and catastrophic personal injury cases. Each episode breaks down successful civil trials by featuring interviews with the trial lawyers, who discuss the innovative strategies, challenges, and key moments that led to significant verdicts for their clients.

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The Dangers of Emergency Room Negligence and Misdiagnosis

The case began in 2019, just two months after Jordan Strokovsky started his own law firm. Eddie Parks, then a 27-year-old medical assistant, went to Temple University Hospital in agonizing pain after being kicked in the leg. This kick had caused a rare and serious injury: his knee dislocated and then spontaneously popped back into place, which can sever the popliteal artery behind the knee.

From the start, the hospital’s care was a textbook case of emergency room negligence. The ER team accused him of “pill seeking” and attempted to discharge him within 40 minutes of his arrival. Only through Eddie’s persistent advocacy was he admitted.

The medical team then made a critical misdiagnosis and a failure to investigate the root cause of his pain. While they correctly identified he was suffering from compartment syndrome, they never tried to understand what caused it. Compartment syndrome is usually associated with high-velocity injuries, and they failed to connect his symptoms to a potential knee dislocation.

This delayed diagnosis of compartment syndrome proved catastrophic. During a fasciotomy, the orthopedic surgeon noted a significant hematoma (a large pool of blood) and signs of a possible knee dislocation, but failed to investigate further. Hours later, it was too late—his leg was cold and pulseless, and it could not be saved.

A Damages-Only Trial and the Pursuit of Full Justice

Temple University Hospital and the primary orthopedic surgeon eventually admitted fault just before the trial was set to begin, a move Strokovsky believes saved them from a potentially larger verdict. This admission shifted the case from a liability battle to a damages-only trial, a rarity in medical malpractice law.

Strokovsky’s trial strategy focused on the pursuit of “full justice” for his client, emphasizing that an admission of fault was not enough. He told the jury they could not give one penny less than what Eddie Parks deserved and that their verdict was the only chance for Eddie to get justice.

The defense’s case centered on a “ticky-tacky” strategy that minimized Eddie’s injuries, claiming he was “thriving” and could still do any job he wanted, including being a firefighter or police officer. This backfired spectacularly during Strokovsky’s cross-examination of the defense’s physiatrist, who lost all credibility within a minute. The defense did not even call their economist after Strokovsky exposed flaws in their report.

The Verdict and a Strong Message to Negligent Medical Providers

The jury returned a verdict of $25.9 million, including $11.2 million for past pain and suffering, $8.8 million for future pain and suffering, and $5.9 million in future medical expenses. The hospital appealed, arguing that the verdict was so burdensome it would foreclose on medical services to the community. The court denied the motion, with the judge writing a 50-page opinion that called the defense’s tactics “disingenuous and incompetent” and upholding the verdict. The hospital paid the full amount, including $3.7 million in delay damages, sending a clear message about accountability for medical negligence.

Need to refer a medical malpractice or personal injury case in Pennsylvania?

Lupetin and Unatin, Attorneys at Law, handle catastrophic injury and medical malpractice cases in Pennsylvania. If you are interested in co-counseling, local counseling, or referring a case, visit our attorney referral page at PAMedMal.com/Refer.

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