Local artist loses lawsuit
A Santa Monica man who sued his caregivers over the amputation of his left arm lost his case Wednesday when a jury found that two hospitals and a handful of doctors didn’t misdiagnose his injuries.
The main difficulty in reaching a decision, jurors said, was dealing with the emotions involved in the case. But the evidence presented by the defense during the 19-day trial was straightforward and convincing, jurors said.
“It’s hard,” said juror Eric David, 37, a Web site developer in Brentwood. “There’s no recompense. There’s no making up for the loss of his arm. I “The first reaction is somebody must have done something wrong,” he added. “Especially with medicine, where it’s half art, half science.”
David said after hearing all the evidence, jurors walked into deliberations ready to find for the caregivers.
Manfred Muller, 46, a German-born sculptor and public works artist, spent months in the hospital after rolling his SUV off of Interstate 5 in October of 1999. The crash knocked Muller unconscious and broke his leg, pelvis, shoulder, hip, several ribs and both ankles.
Muller’s lung was punctured, and he suffered from a concussion and burns to his forearm. He also separated the bones connecting his hand and wrist, according to court documents.
At issue in the case was whether Muller’s caregivers should have diagnosed him 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.
Muller’s lawyers said doctors missed the diagnosis, which led to an infection. The infection spread and eventually took over his arm, they said.
“It’s hard. There’s no recompense. There’s no making up for the loss of his arm. I think we all kind of feel that loss.” — think we all kind of feel that loss. - ERIC DAVID juror
Defense attorneys maintained that the condition never existed and said the injuries sustained in crash were to blame for Muller’s damaged hand and arm. They called his recovery miraculous and said he is a testament to the good care he received.
Jurors appeared troubled after making their ruling Wednesday afternoon. Many of them gathered in the entryway to the Santa Monica Superior Courtroom to speak with Muller and the attorneys who tried the case.
One woman juror cried. Muller stood quietly in the courtroom after the ruling. He and his wife, Rose, thanked their attorneys and the courtroom staff. They stayed afterwards to speak with jurors.
When asked how he felt about the ruling, Muller smiled and thought for awhile before saying he was “a little frustrated.”
“The system worked for the doctors,” Muller said quietly in a light German accent. “Let me digest it. I only have to digest that.”
Attorneys for the doctors and two hospitals that cared for Muller during his recovery said they were confident in their case throughout the trial.
After the accident, Muller was taken from I-5 by helicopter to University Medical Center in Fresno, where he underwent emergency surgery.
Two weeks later, Muller was transferred to Daniel Freeman Hospital in Inglewood to receive care from a team of specialists. While at DFH, Muller developed the infection.
After surgeons went to drain the infection and found that it had spread, Muller was transferred to UCLA where his arm was amputated just below the elbow.
Muller’s artwork has appeared in museums and public spaces around the world. He is credited with the two 15-foot bright red Dories attached to the pilings under the Santa Monica Pier.
Originally published in the Santa Monica Daily Press print edition on April 17, 2003. Read the original PDF.