Jury Verdict of $5.2 Million Reduced by High-Low Agreement to $1.2 Million for Above-the-Knee Amputation Following Artery Injury

Kevin Tolson was 49 years old when he was injured as the collapsible barrier he was walking over suddenly shot upward, entangling him. He was taken to the nearby hospital emergency room where he experienced symptoms, which included a cold left foot that he was unable to move, numbness and tingling in the foot as well as severe pain. X-rays were completed and a physician assistant diagnosed knee strain and released Tolson from the hospital with instructions to see an orthopedic surgeon.

When Tolson’s symptoms persisted, he consulted a local doctor who detected low pulse in his leg and instructed him to return to the hospital. An MRI revealed that all of the ligaments in Tolson’s left knee were damaged. Despite surgery, Tolson’s leg had to be amputated above the knee. He had been a security guard working two jobs at about $20 an hour, but is now able to hold only one position due to his medical condition.

Tolson sued the physician assistant and emergency room physician at the hospital and also named the hospital as a party defendant. It was alleged in the lawsuit that these medical providers chose not to diagnose a popliteal artery injury. Tolson claimed that based on his symptoms and the x-rays that were taken at the emergency room a dislocation and possible vascular injury could not be ruled out.

During the trial, the parties agreed to a high-low agreement that provided for a high verdict of $1.5 million. However, the jury returned a verdict of $5.2 million that was reduced to $1.5 million. The attorneys who represented Tolson were Laura Greeves Zois and Rodney Gaston.

Tolson v. Saint Agnes Healthcare, Inc., et al., No. 24C12008071 (Md., Baltimore City Cir. May 23, 2014).

Kreisman Law Offices has been handling medical negligence cases, orthopedic injury negligence cases and physician negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Chicago (Wicker Park, Logan Square, Rogers Park, Hyde Park, Irving Park, Jefferson Park, Lincoln Park), Lincolnshire, Richton Park, Lake Zurich, Round Lake Beach, Gurnee, Grayslake, Geneva and Elmhurst, Ill.

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