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King v. Danek Medical3/28/2000
These consolidated cases present claims regarding the design and manufacture by the defendants of spinal system devices utilizing pedicle screws, which were implanted in the plaintiffs, Ann King and Tamara Little. We will consider each claim separately for the purpose of setting out the relevant facts.
A. Ann King
In September, 1992, plaintiff Ann King was diagnosed as having degenerative disc disease and instability of the spine by Dr. Orderia F. Mitchell. He is a graduate of the United States Air Force Academy and of Tulane University Medical School in 1977. Dr. Mitchell's internship was at Wright-Patterson Medical Center, and his orthopedic residency was at Tulane University Medical Center where he was chief resident during his final year. He has been board certified in orthopedic surgery since 1983 and, at the time of his deposition, was chief of orthopedic surgery and chief of orthotics at the United States Air Force Academy Hospital.
When Dr. Mitchell first saw King in 1992, she was having difficulty walking and was complaining of severe pain in her back, buttocks, thighs, and legs. As the result of his examination, Dr. Mitchell determined that she also was suffering from "nerve root compression, slight bulging disk, and osteophyte formations," as well as instability of the spine. Accordingly, in September, 1993, Dr. Mitchell performed surgery on King during which he installed a TSRH spinal system that utilized pedicle screws. As the result of this surgery, King achieved a "solid fusion." Following the surgery, she did well and apparently did not report neck pain again until December, 1994. She went through several physical therapy sessions as a result and, as of January, 1995, was on a walking program. Dr. Mitchell testified that part of King's problems following the surgery resulted from the fact that she was "deconditioned," meaning that her activity level was limited to the "basic things" which she had to do for her daily lifestyle. Dr. Mitchell believed that her surgery was successful and that he had achieved a good result for her.
King testified in her deposition that she was sixty-three years old and had degenerative disc disease, which she did not relate to the allegation of the lawsuit. She said that she had back surgery in 1979 on discs C-4 and C-5 and on disc C-7 in 1987. She had that surgery because she had "spurs which caused tingling in arms," as well as numbness, and had pain in her back or neck. The 1979 surgery resulted in fusion of discs C-5 and C-6, according to King. In 1989, she fell while at Jitney Jungle grocery store, resulting in a "mild concussion," as well as back and neck pain.
She further testified that one of her legs was shorter since the Danek spinal implementation was installed, and she attributes the difference in leg length to that device. She was overweight at the time of the surgery and had gained some weight following the surgery. She had been told by a doctor that her extra weight would put a strain on her back. The device was removed from King by Dr. Darrel S. Brodke in June, 1997.
She had first consulted with him in May, 1996, complaining of low back pain radiating into her left buttock and leg. Dr. Brodke thought that "much of her pain was not pedicle screw - was not originating from the screw." Following the removal of the device, King reported to Dr. Brodke that she was "significantly better." He testified that " here was no evidence in the operating room that the hardware was causing any problems with [King's] nerves." As to whether the internal fixation device had caused certain of King's complaints, Dr. Brodke stated:
I can't see how the internal fixation,
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