Man Wants Kaiser to Pay $5 Million for Deformity
8-6-2014 00:16:00

WASHINGTON (CN) - Kaiser’s lack of proper medical care following a motorcycle accident is worth $5 million, a man says in a District of Columbia Superior Court Complaint.

Derek Posey fractured his left elbow while riding a dirt bike near his home in Indian Head, Md. on Sept. 11, 2011. He was initially treated at Civista Medical Center in Waldorf, Md., but followed up with his doctor, William Burner, at Kaiser Permanente Capital Hill Medical Center in Washington, D.C. two days later.

Posey says he was under Burner’s care for about the next two months, but that the doctor failed to properly treat him, causing permanent damage to his left arm, including loss of full range of motion.

“On Dec. 5, 2011, an x-ray was conducted of plaintiff’s left elbow,” according to the complaint. “After reviewing the x-ray film, the defendant, William L. Burner M.D., advised the plaintiff that the deformity and bent curve shape of plaintiff’s left arm would not improve in any manner and the range of motion deficits would most likely be permanent in nature.”

Posey is suing Burner for medical negligence and Kaiser Permanente Capital Hill Medical Center, Kaiser Foundation Health Plan of Mid-Atlantic States Inc. and Mid-Atlantic Permanente Medical Group PC for vicarious liability.

He says Burner cleared him to go back to work too soon, failed to order necessary follow-up x-rays and refer him to physical therapy. The complaint also alleges Burner should have known the injury needed further attention.

Dr. Burner "should have known from his education, training and skills as an orthopedic surgeon that the plaintiff needed to be seen by himself every two weeks to evaluate the extent of the fracture/dislocation of the left elbow, the deformity of plaintiff’s left arm, the range of motion limitations that existed with respect to plaintiff’s left arm, the pain and lack of strength that the plaintiff was experiencing in his left elbow, arm and hand.”

Posey wants $5 million in damages plus interest and costs.

The plaintiff is represented by Andrew Greenwald and Christopher FitzPatrick of Joseph Greenwald & Laake, in Greenbelt, Md.