Dwayne Kenney suffered a fractured left leg in a motorcycle crash. He underwent open reduction and internal fixation surgery, which was performed by an orthopedic surgeon, Dr. Cyrus Kump II. Kenney suffered complications and, suspecting an infection, Dr. Kump removed the plates and screws from his leg approximately three months later. During that procedure, Dr. Kump was unable to close the skin over Kenney’s exposed tibia. Nevertheless, Dr. Kump ordered only dressing changes for the next four weeks, leaving the wound open to the air.
Six months later, a plastic surgeon attempted to cover Kenney’s exposed bone. Kenney contracted MRSA, osteomyelitis, and the procedure failed in less than two weeks. Several months after that, Kenney’s left leg required amputation. Although it was not reported, it may be assumed that the amputation was below the knee.
Kenney sued Dr. Kump and his practice alleging that Kump chose not to place an external fixator to stabilize the fractured tibia during the second surgery and decided not to timely consult a plastic surgeon to address an exposed tibia within five days of the procedure. The exposure of the bone to air led to the infection, which included osteomyelitis.