Artist says doctors should have noticed infection
A Santa Monica artist whose arm was amputated after he rolled his SUV is suing his doctors for malpractice.
Manfred Muller, a 46-year-old sculptor and public works artist, rolled his car off of Interstate 5 in October of 1999 between Los Angeles and San Francisco. Jurors heard from expert witnesses Tuesday, the 14th day of trial. Lawyers said the case could go on another two weeks.
At issue in the case is whether Muller’s caregivers should have known he was suffering from a condition in his hand known as “compartment syndrome,” where strained muscles expand and the blood running to them is cut off.
Five attorneys are defending the case for the two hospitals and handful of physicians that cared for Muller. They say that Muller’s hand was dead long before he ever came under their care.
“There was no lapse,” said Andrew Weiss, who represents two surgeons that worked with Muller. “In fact the care was very good. These were life-threatening injuries and he’s made a miraculous recovery.”
Muller’s lawyers said the doctors were negligent in their care of the artist, ignoring warning signs that the hand was infected.
“Mr. Muller had dislocated bones in his left hand,” said attorney Andrew Peacock. “He now doesn’t have an arm. Something went terribly wrong.”
“Mr. Muller had dislocated bones in his left hand. He now doesn’t have an arm. Something went terribly wrong.” — — ANDREW PEACOCK Lawyer
In the crash, which knocked him unconscious, Muller broke his leg, pelvis, shoulder, ankle, hip and several ribs. He suffered a concussion and burns to his forearm and he severely dislocated his fingers, according to court documents.
The artist was taken by helicopter to University Medical Center in Fresno, where he underwent a number of surgeries, including an operation to install pins in his damaged left hand.
After nearly two weeks in Fresno, Muller 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, the specialist who worked with Muller. Sixteen days after being admitted to DFH, Muller, who was on a steady dose of the painkiller Percocet, developed the infection in his finger.
When Colvin, the specialist, described the difficult days leading up to the amputation, Muller reached over and put his good arm around his wife, Rose.
Colvin said she first noticed the infection on Thanksgiving Day of 1999.
“There was pus seeping through the bandage on the back of his finger,” said Colvin, who worked with Muller for 90 minutes each day. “You could smell it.”
Colvin, a certified physician’s assistant, said she immediately told Muller’s nurse, who assured her she would notify the doctor immediately. But the next day Muller wasn’t on antibiotics when she returned, Colvin said.
“He was so sick,” said Colvin, who broke into tears as she spoke. “He looked toxic. He looked like he was going to die.”
DFH doctors decided to wait on prescribing antibiotics, said Dr. James London, one of the defense’s expert witnesses who also testified Tuesday. London said there was no point in prescribing antibiotics until lab tests were returned. Any antibiotics that could have been prescribed wouldn’t have fully addressed the infection, he said.
After surgeons went in to drain the infection and found that it had spread, Muller was taken to the University of California at Los Angeles. UCLA surgeons decided to amputate the arm just below the elbow on Nov. 30 upon finding the infection had destroyed muscles and tissue in Muller’s forearm.
London said the problematic “compartment syndrome” developed before Muller made it to DFH, while he was still receiving care from the trauma center where he was taken after the crash.
Muller, who was dressed in blue jeans and white collared shirt, sat calmly in the courtroom throughout the day taking notes. He would not disclose how much money he is seeking, saying, “We’ll leave that stuff to the lawyers.”
The German-born Muller is credited with the bright red Dories that are attached to the pilings under Santa Monica Pier, among other works. He said the injury has not halted his creative outpouring, though he now delegates a larger share of the set-up work.
“As an artist I’m not stopping,” he said. “I’m not stopping at all.”
Originally published in the Santa Monica Daily Press print edition on April 9, 2003. Read the original PDF.