Case Style: David and Karen Krause v. Dr. Lawrence Rothstein and Greater Cincinnati Pain Management Centers (GCPMC)
Judge: Steven Martin
Court: Court of Common Pleas, Hamilton County, Ohio
Plaintiff's Attorney: Bill Posey, Keating Muething & Klekamp, Cincinnati, Ohio
Description: In a jury decision this afternoon, attorney William A. Posey won a $1.372 million decision for his clients, David and Karen Krause, in a medical malpractice suit against Dr. Lawrence Rothstein and his employer, the Greater Cincinnati Pain Management Centers (GCPMC), in a trial before Judge Steven Martin in the Hamilton County Court of Common Pleas.
The decision is based on $772,000 in compensatory damages to David and Karen Krause, $100,000 in compensatory damages for loss of consortium for Karen Krause, and $500,000 in punitive damages against GCPMC for altering or falsifying medical records.
The lawsuit arose out of a cervical epidural steroid procedure performed by Dr. Rothstein on David Krause in January 2006. After the procedure, Mr. Krause was left with debilitating and permanent injuries to his right hand and arm and his left leg. The jury found that Rothstein failed to inform his patient, Mr. Krause, prior to the cervical epidural steroid procedure of appropriate alternative medical treatments available to him. The jury also found that Rothstein failed to provide the patient with information necessary to have informed consent to the procedure.
In addition, the jury found GCPMC altered or falsified medical records in an effort to escape legal liabilities for the treatment provided to Mr. Krause.
"This is one of the most significant damage decisions in medical malpractice cases in this area because the jury found that Greater Cincinnati Pain Management Centers intentionally altered or falsified medical records to avoid liability for medical negligence," stated Posey, attorney for the plaintiffs. "I am very pleased with this outcome for my clients. David and Karen Krause were significantly injured by the negligent care provided by Dr. Rothstein. They deserved to be compensated for the injuries Mr. Krause suffered."
Outcome: Plaintiffs' verdict for $1.375 million.