Date: 12-05-2014

Case Style: Susan W. Pennington v. Darnell Blackmon, M.D. and The Orthopedic Center

Case Number: CJ-2009-8192

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mike Barkett and Cassie Barkett

Defendant's Attorney: Bobby Latham and Lance Freije

Description: Susan W. Pennington sued Darnell Blackmon, M.D. and The Orthopedic Center on medical negligence (medical malpractice) and assault and battery theories.

The Court read the following statement of the case to the jury as part of the instructions to the jury:

"The Plaintiff suffered from a bunion on her left foot that required treatment and a surgical procedure. The Defendant performed a surgical proqedure upon the Plaintiff. The Plaintiff claims that the Defendant performed a surgical procedure upon the Plaintiff that she did not consent to. The Plaintiff also claims that the Defendant did not perform follow up treatment in compliance with the accepted standards of care. The Defendant claims that the surgeries were consented to, and the follow up treatment was in compliance with the accepted standards of care."

Defendant's Trial Brief Objecting to Res Ipsa Loquitur stated, in part, as follows:

"Plaintiff, a non-practicing attorney, with history of multiple prior orthopedic surgeries, after a referral from her family physician, saw Damell Blacknion, M.D., orthopedic surgeon, for a bunion that bad been present for years, but had become painful in the prior six months. Plaintiff and Dr. Blackmon had a long discussion regarding different types of bunionectomies (surgeries to remove or repair a bunion) as well as the outcomes, including the procedure
performed on her.
Plaintiff initially agreed to a surgical procedure known as the “Chevron,” but the day of surgery, November 6, 2008, changed her mind for a different type of procedure, but one that had been discussed with her before and which she had researched on her own. Plaintiff signed an informed consent form for the procedure and wrote on that form that the irocedure involved was a “bunionectomy” and an “osteotomy.” The surgery went forward without any complications. Weeks after the surgery, Plaintiff developed a nonunion, a known complication from this surgery. However, Plaintiff brought suit against the Defendants asserting that 1) Plaintiff did give informed consent for the surgery and 2) Plaintiff received negligent post-operative care. Plaintiff now, literally on the eve of trial, is seeking to add a claim for res ipsa loquitur to this lawsuit in the hope of obtaining a presumption of negligence against the Defendants."

Outcome: 12-05-2014 DISPJD 1 BLACKMON, DARNELL MD 92231990 Dec 11 2014 3:43:08:370PM - $ 0.00
CASE NUMBER CJ-2009-8192
JUDGE CARLOS J. CHAPPELLE DATE DECEMBER 5, 2014
SUSAN W PENNINGTON V. DARNELL BLACKMON MD, ET AL
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY MICHAEL BARKETT & CASSIE BARKETT. DEFENDANT PRESENT AND REPRESENTED BY BOB LATHAM & LANCE FREIJE. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE FOLLOWING JUROR(S) IS (ARE) EXCUSED FOR CAUSE
THE JURORS ARE ACCEPTED FOR CAUSE.
OPENING STATEMENTS ARE MADE. FOUR WITNESSES SWORN. RULE WAS INVOKED. COURT
REPORTER TAISHA IRONS. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. "WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANTS ON ALL OF PLAINTIFF'S CLAIMS.
JURORS CONCURRING, SIGNED ZACHARY SUTTON;
12-05-2014 DISPJD 1 THE ORTHOPEDIC CENTER 92231991 Dec 11 2014 3:43:08:410PM - $ 0.00
CASE NUMBER CJ-2009-8192
JUDGE CARLOS J. CHAPPELLE DATE DECEMBER 5, 2014
SUSAN W PENNINGTON V. DARNELL BLACKMON MD, ET AL
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY MICHAEL BARKETT & CASSIE BARKETT. DEFENDANT PRESENT AND REPRESENTED BY BOB LATHAM & LANCE FREIJE. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE FOLLOWING JUROR(S) IS (ARE) EXCUSED FOR CAUSE
THE JURORS ARE ACCEPTED FOR CAUSE.
OPENING STATEMENTS ARE MADE. FOUR WITNESSES SWORN. RULE WAS INVOKED. COURT
REPORTER TAISHA IRONS. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. "WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANTS ON ALL OF PLAINTIFF'S CLAIMS.
JURORS CONCURRING, SIGNED ZACHARY SUTTON;
12-05-2014 DISPJD 2 BLACKMON, DARNELL MD 92231992 Dec 11 2014 3:43:08:450PM - $ 0.00
CASE NUMBER CJ-2009-8192
JUDGE CARLOS J. CHAPPELLE DATE DECEMBER 5, 2014
SUSAN W PENNINGTON V. DARNELL BLACKMON MD, ET AL
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY MICHAEL BARKETT & CASSIE BARKETT. DEFENDANT PRESENT AND REPRESENTED BY BOB LATHAM & LANCE FREIJE. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE FOLLOWING JUROR(S) IS (ARE) EXCUSED FOR CAUSE
THE JURORS ARE ACCEPTED FOR CAUSE.
OPENING STATEMENTS ARE MADE. FOUR WITNESSES SWORN. RULE WAS INVOKED. COURT
REPORTER TAISHA IRONS. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. "WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANTS ON ALL OF PLAINTIFF'S CLAIMS.
JURORS CONCURRING, SIGNED ZACHARY SUTTON;

Plaintiff's Experts:

Defendant's Experts: Alan Lewis, M.D., podiatrist

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