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Fluri v. Fort Sanders Regional Medical Center11/14/2005
On May 9, 2001 plaintiffs, Janey Fluri and David Fluri, sued defendants, Fort Sanders Regional Medical Center ("Fort Sanders") and Dawn Taylor, and averred that on December 19, 2000 Ms. Fluri had a replacement of her left knee at Fort Sanders, and the surgery was a success.
The Complaint further alleged that on December 23, 2000 Ms. Fluri was transferred to a Fort Sanders rehabilitation unit for therapy, and on December 29, 2000, Ms. Taylor, a rehabilitation nurse, fell on Mrs. Fluri causing a severe fracture to Mrs. Fluri's left femur. The Complaint further averred that this fracture required surgical procedures and rehabilitative therapy. At the time the Complaint was filed, Ms. Fluri was unable to walk due to this fracture.
Defendants answered on June 22, 2001, and denied plaintiffs' allegation that Ms. Taylor fell on Ms. Fluri, and as an affirmative defense, that on December 29, 2000 Ms. Taylor asked Ms. Fluri to demonstrate how she rolled from one side without using the handrails, and that Ms. Fluri rolled from her back onto her right side without assistance and then rolled back again and as she rolled to the left side, a "pop" was heard. It was later determined that Ms. Fluri's had fractured her left femur.
Defendants further averred that on January 18, 2001 Ms. Fluri sustained a second fracture of her left femur when she twisted in the seat of her wheel chair when she was alone in her hospital room, which was not caused by any neglect or negligence of the Defendants.
On October 31, 2002, the plaintiffs filed an Amended Complaint which asserted that Ms. Fluri's December 29, fracture was caused by either Ms. Taylor falling on Ms. Fluri or Ms. Fluri rolling towards her left side pursuant to Ms. Taylor's instructions, and it described Ms. Fluri's January 18, 2001 fracture as a "fracture of her left leg through the proximal hole of the screw on the rod, which had been inserted on January 3, 2001, which would not have happened but for the fracture that occurred on December 29, 2000."
Defendants, in their Amended Answer, denied that Ms. Fluri sustained a fracture to her left femur on December 29, 2000, and averred the fracture existed prior to December 29, 2000 and was caused during a surgery on December 19, 2000. The Answer admitted, however, that on January 3, 2001 Ms. Fluri underwent surgery to repair the fracture to her left femur and that Ms. Fluri's January 18, 2001 fracture was a fracture "through the proximal hole of the screw on the rod which had been inserted on January 3, 2001." Following defendant's Answer, the parties conducted discovery which produced evidence that Ms. Fluri's fracture occurred prior to December 29, 2000. On January 27, 2003, Fort Sanders filed Supplemental Responses to Interrogatories, which stated that Thomas M. Koenig, M.D. might be called as an expert witness, and that "Dr. Koenig will testify that the fracture which is claimed by plaintiffs to have occurred on 12/29/00 is actually shown on post-op x- ray film at Fort Sanders on 12/19/00. Plaintiff's fracture probably occurred during surgery by Dr. Brown." On June 18, 2003, George F. Tolhurst, M.D. testified that a faint line was visible on x-ray films taken on both December 19 and December 29, 2000.
On August 25, 2003, the plaintiffs filed a Motion to Amend their Complaint on the basis that plaintiffs "need to amend the Amended Complaint to conform the allegations to evidence that has been obtained since the Amended Complaint was initially filed." This evidence was obtained "through the depositions of the radiologists that reviewed x- ray film at Fort Sanders Regional Medical Center relating to Ms. Fluri's care and treatment." According to the M
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