Local artist claims his doctors are negligent
After 19 days of trial, a Santa Monica jury began deliberating Tuesday in a malpractice lawsuit over the amputation of a local artist’s left arm.
Manfred Muller, a 46-year-old sculptor and public works artist, spent months in the hospital after rolling his SUV off of Interstate 5 in October of 1999.
In the crash, which knocked him unconscious, Muller broke his leg, pelvis, shoulder, hip, several ribs and both ankles.
He suffered from a collapsed lung, a concussion and burns to his forearm — and he separated the bones connecting his hand and wrist, according to court documents.
At issue in the case is whether Muller’s caregivers should have diagnosed and treated him for a condition in his hand called “compartment syndrome,” where strained muscles expand and the blood running to them is cut off.
After the accident, Muller was taken to the University Medical Center in Fresno, where he underwent several surgeries, including an operation to install pins in his damaged left hand.
Two weeks later, the artist was transferred to Daniel Freeman Hospital in Inglewood to receive care from a team of specialists.
Though he was badly banged up, doctors expected Muller to recover at least partial use of his hand and arm, said Patsy Colvin, a specialist who worked with Muller. But 16 days after being admitted to DFH, Muller developed an infection.
“He was so sick,” testified Colvin last week, breaking into tears on the stand. “He looked toxic. He looked like he was going to die.”
DFH doctors decided to delay prescribing antibiotics, said Dr. James London, one of the defense’s expert witnesses. London said there was no point in giving Muller antibiotics until lab tests were returned. Any drugs that could have been prescribed wouldn’t have fully addressed the infection, he said.
After surgeons went to drain the infection and found it had spread, Muller was transferred to UCLA where his arm was amputated just below the elbow.
If jurors find Muller’s caregivers guilty of negligence, lawyers will make a second round of arguments. Jurors will then determine how much compensation to award Muller. Muller wouldn’t say how much money he is seeking.
“A man doesn’t have an arm. It couldn’t have happened without negligence and where is the guy to step forward and tell you what happened? “Somebody’s got to step up or everyone gets put into a bag with a rock and thrown off the bridge.”
“Somebody’s got to step up or everyone gets put into a bag with a rock and thrown off the bridge.” — said attorney Skip Keesal. — SKIP KEESAL Attorney
“This is an absolutely rotten situation,”
Five attorneys are defending the case for the two hospitals and handful of physicians that cared for Muller.
In their closing arguments on Tuesday, defense lawyers challenged Muller’s expert witness and said he never had compartment syndrome. The attorneys said Muller’s “miraculous” recovery proves that he received top-notch medical care.
“The force that caused all these injuries... caused irreversible muscle and nerve damage to Mr. Muller,” said Andrew Weiss, who represents two surgeons that worked with Muller. “It takes time for that death to manifest.”
Susan Schmid, who represents the rehabilitation specialist for Muller’s hand, said there was never any indication of compartment syndrome.
“It’s not a gradual come-and-go, come-and-go,” she said. “It’s a very vicious cycle. “(The doctors) clearly feared the worst but treated for the best.”
Muller’s attorneys told a different story. They said Muller exhibited all the symptoms of compartment syndrome and said doctors misdiagnosed his case.
Because none of the caregivers are accepting blame, Muller’s attorneys asked jurors to hold all of the defendants responsible.
Dressed all in black, Muller watched the closing arguments calmly from the front of the courtroom. His wife Rose sat next to him and a handful of friends and art colleagues came to show their support.
Muller said he was pleased with the presentation of his case.
“It pointed out the most important thing,” said the German-born Muller. “Communication is not a strong thing for the doctors. If we win, we win against the system.”
“Communication is not a strong thing for the doctors. If we win, we win against the system.” — — MANFRED MULLER Artist and plaintiff
The three-week trial has left some jurors looking worn out. At lunch recess Tuesday, Santa Monica Superior Court Judge Patricia Collins reminded defense attorneys of their promise to keep comments short.
The inconveniences of having one arm have not veered him away from his work, Muller said. On Sept. 3, an installation piece titled “The Body Shop” — which recreates his car accident — will open at the USC Fisher Gallery.
Originally published in the Santa Monica Daily Press print edition on April 16, 2003. Read the original PDF.