Professional Negligence Law Reporter

Two years after undergoing a double mastectomy, Debbie Jackson went to Heartland Regional Medical Center for breast reconstruction surgery. During the 11-hour surgery, she was left in the same position. When she woke up, she noticed she had lost feeling in and use of her right leg and was later diagnosed as having a compression injury to the sciatic nerve in her right buttock. She now has pain and permanent foot drop and is at constant risk of falling.

Jackson sued Heartland Regional Medical Center, alleging negligent training and supervision. The plaintiff asserted that the defendant’s nurses were unaware of the standards of care established by the Association of periOperative Registered Nurses applicable to extended surgeries, which require nurses to use extra padding on a patient’s buttocks to protect against compression injury to the sciatic nerve.

The jury awarded $5 million, reduced to approximately $615,500 under the state’s damages cap.

Citation: Jackson v. Heartland Reg’l Med. Ctr., No. 20BU-CV03165 (Mo. Cir. Ct. Buchanan Cnty. May 20, 2024).

Plaintiff counsel: William W. Bird and Sean F. Marrin, both of Liberty, Mo.

Plaintiff experts: Steven Arkin, neurology, Dayton, Ohio; Colleen Fiammengo, nursing, peri-operative nursing, Walnut Creek, Calif.; Travis Snyder, neuroradiology, Las Vegas; and Joseph Hershewe, economics, St. Joseph, Mo.

Defense experts: Jeffrey Kaplan, neurology, and Cielo Navato-Dehning, physical medicine, both of Overland Park, Kan.; Todd Clayman, nursing, Kansas City, Mo.; and Blake Johnson, neuroradiology, Minneapolis.