As if enduring a cracked sternum during open heart surgery weren't enough, a patient at Fairview Hospital in Cleveland also suffered permanent nerve damage due to improper positioning, according to court records.

A district court of appeals in Ohio last week upheld a jury's verdict that improper positioning caused Joseph O'Connor's brachial plexus injury and chronic regional pain syndrome after his 5-hour open heart surgery nearly 6 years ago. The injury is permanent. Mr. O'Connor sued both the hospital and his surgeon, Steven Zelin, MD.

Mr. O'Connor testified that when he awoke from surgery, his right hand and arm felt numb, and he was not able to move them. He further testified that his right hand and arm were black and blue and swollen.

Attorneys for Fairview Hospital argued the patient's injuries were caused internally, as a direct result of the procedure. Open heart surgery includes a procedure known as median sternotomy, which is the opening and retracting of the chest to allow access to the heart. Median sternotomy is a potential cause of brachial plexus injury.

But Mr. O'Connor's expert witness, testified the injuries occurred due to either "undue pressure from inadequate or improper padding around O'Connor's right arm during surgery," "undue pressure from someone leaning against O'Connor's right upper extremity during the surgery," or both. The former placed liability on the hospital, the latter on Dr. Zelin. The expert testified that, either way, the standard of care was not met.

The jury in the initial civil case found in favor of Dr. Zelin and against Mr. O'Connor, but in favor of Mr. O'Connor and against Fairview Hospital in its verdict. The civil jury awarded Mr. O'Connor $944,377.03. The hospital had argued that the injuries had been "caused internally, a known complication of open-heart surgery," says the judgment. After reviewing several matters of law and procedure related to the case, the appellate court affirmed the civil jury's verdict.

Stephanie Wasek