The South Bend Tribune reports the lawsuit was filed in June 2015. The defendant physician died about a year later, but the case continued against his estate. The plaintiffs alleged their athlete son underwent a shoulder surgery he did not need, resulting in pain that will follow him the rest of his life. A two-day trial resulted in jurors deciding an award for $744,000 to be paid to the family. The boy reportedly suffered a wrestling injury and sought treatment.
Although he did not initially seek medical attention, the pain later became unbearable. The physician reportedly recommended surgery for the low-grade injury, involving an operation to remove part of his clavicle. The plaintiffs’ attorney now says the choice the doctor gave them – have surgery or live with the pain – was a “false one” because there were numerous other conservative treatment options that could have been employed first. It was not a decision that needed to be either-or.