On June 14, 2014, Geraldine Pace, a 71 year old retired teacher, fell in a parking lot and suffered a comminuted fracture of her left hip that required open reduction internal fixation surgery the next day with the insertion of a rod and screws into her femur.
The surgery was performed correctly and, four days later, she was discharged from the hospital to a rehabilitation center in Syracuse. Her surgeon’s discharge instructions stated that Mrs. Pace should be on “weightbearing as tolerated with walker assistance.”
Four weeks after her surgery, Mrs. Pace ended up needing a second surgery – total hip replacement – because the rod inserted in the first surgery had migrated through the top of the femur and the nail eroded with protrusion into her acetabulum.
In her ensuing medical malpractice lawsuit, Mrs. Pace claimed that the second surgery was needed, and terribly adverse consequences followed, because the physiatrist at the rehabilitation center put her through an intense and acute form of rehabilitation contrary to both the instructions of the first surgeon and the appropriate standards of care.
The Onondaga County jury agreed that the physiatrist was negligent in his professional care and treatment of Mrs. Pace (who died from unrelated causes before trial) and awarded pain and suffering damages in the sum of $5,000,000 (all past – six and a half years).
The trial judge agreed with the defense that the award was excessive and ordered a reduction to $1,250,000. Both sides appealed. In Pace v. Crouse Health Hospital, Inc. (4th Dept. 2025), the appellate court affirmed both the liability finding and the trial judge’s reduction.
Here are the injury details:
- Total hip replacement emergent surgery (that would not have been needed but for the improperly aggressive rehabilitation activities after the first surgery)
- Constant pain, permanent limp, severe loss of independence and mobility, loss of active lifestyle and need for constant pain medication
Inside Information:
- In his closing statement, plaintiffs’ counsel asked the jury to award $15,000,000 for pain and suffering damages.
- Mr. Pace was awarded loss of consortium damages in the sum of $2,000,000 but the trial judge reduced that award to $250,000.
- Plaintiff did not stipulate to the trial judge’s reductions so a new trial was held before the appellate decision was rendered. The jury awards in the new trial were $1,200,000 for pain and suffering plus $350,000 for loss of consortium.